[HISTORY: Adopted by the Village Board of the Village of Elmsford 4-9-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
A.
The Village Board of Trustees has determined that the
consumption of alcoholic beverages in public places often leads to disorders,
nuisance and related problems as well as the littering of such public places
and is disturbing to the public and threatens peace and good order.
B.
The purpose of this chapter is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public health,
safety and welfare and to promote the public good.
As used in this chapter, unless the context or subject matter otherwise
requires, the following words shall have the following meanings:
Includes all such beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York as same may be amended from
time to time.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Drinking from the container, with alcohol on the breath of the possessor
and/or any circumstances evidencing an intent to ultimately consume on any
public lands.
A place to which the public or a substantial group of persons has
access, and includes, but is not limited to, any highway, street, road, sidewalk,
parking area, shopping area, place of amusement, playground, park, transportation
facility, school, school grounds and hallways, lobbies and other portions
of apartment houses, motels or hotels not constituting rooms or apartments
designed for actual residence.
Any building, structure, school bus as defined in § 142
of the New York State Vehicle and Traffic Law, athletic playing field, playground
or land contained within the real property boundary line of a public or private
elementary, parochial, intermediate, junior high, vocational or high school.
Any conveyance, premises or place used for or in connection with
public passenger transportation, whether by railroad, motor vehicle or any
other method.
A.
Prohibited. No person shall, within the Village of Elmsford,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public place.
B.
Possession of open containers. No person shall carry
or have in his or her possession, within the Village of Elmsford, any open
bottle, can or open container containing liquor, wine, beer or other alcoholic
beverage with the intent of the possessor or another to consume the same in
any public place.
C.
Presumptions.
(1)
The possession of an open, unsealed, resealed or partially
full bottle, can or container which contains an alcoholic beverage, unwrapped
or with the top exposed in a public place shall be presumptive evidence that
such open bottle or open container is intended to be consumed in a public
place.
(2)
Such an open bottle, can or container in any vehicle
while in or on any public place shall be presumptive evidence that the same
is in the possession of all the occupants thereof.
(3)
The holding of such open bottle, can or container to
the mouth in a drinking manner or the placing, throwing or otherwise disposing
of such container or its contents in a public place shall be presumptive evidence
that the person doing any such act did consume or ingest an alcoholic beverage
in a public place.
Any open, unsealed, resealed or partially full bottle, can or container
which contains an alcoholic beverage found in any vehicle in any public place
shall be prima facie evidence that the same is in possession of the person
last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places or possessing open, unsealed, resealed or partially empty bottles,
cans or containers of such alcoholic beverage shall not apply nor be a violation
of this chapter in the event of a gathering in a public park or public facility
which has been granted a permit by the Village according to regulations approved
by the Village Board of Trustees of the Village of Elmsford, to that portion
of a building occupied by the Fire Department, nor to any place licensed by
the State of New York to sell alcoholic beverages for on-premises consumption.
There shall be a fee for a Village permit as set forth by resolution of the
Village Board of Trustees in the Master Fee Schedule, which may be amended
from time to time.
Any person, upon conviction for a violation of this chapter, shall be
guilty of a violation as defined in Article 10, § 10.00, Subdivision
3, of the Penal Law, which shall be punishable by a fine of not more than
$500 or imprisonment for not more than 15 days, or both.
