The title of this chapter shall be "Consumption of Alcoholic Beverages."
The Town Board of the Town of Southampton, New York, hereby finds that
the consumption of all forms of alcoholic beverages upon the public streets
and ways within said Town outside of the incorporated villages therein by
operators and passengers of and in motor vehicles, motorcycles and motor-driven
cycles and by pedestrians has increased alarmingly, with the result that the
use of such streets and ways by others has been endangered and such streets
and ways and adjacent private properties have become littered with bottles,
cans and other containers used for alcoholic beverages. It is further found
that the preservation and protection of the public streets and ways, the preservation
of peace and good order and the protection of the property, safety and health
of the inhabitants of such Town and the users of such streets and ways require
that the consumption of all forms of alcoholic beverages upon the public streets
and ways in such Town be prohibited. This chapter has no application to the
manufacture, sale or distribution of alcoholic beverages.
As used in this chapter, the following terms shall have the meanings
indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed by a human being.
PUBLIC PLACE [Added 9-11-1984
by L.L. No. 16-1984; amended 10-28-1986
by L.L. No. 19-1986]
A.
Any public highway, parking lot or parking area of a shopping center
as said terms are defined in the Vehicle and Traffic Law of the State of New
York.
B.
Any park, playground, sidewalk, building, beach or transportation facility
which conforms to the definition of a "public place" as enumerated in § 240.00,
Subdivision 1, of the Penal Law of the State of New York. In no case shall
this subsection be construed as including property containing single-family
or two-family residences when utilized by the lawful occupants and their invitees
or guests.
C.
All or any part(s) of the premises of a public or private school as
is designated in a resolution adopted by its governing body. To be effective
under this definition, such a resolution shall refer specifically to this
definition and its effective date of adoption. Said governing body shall submit
to the Town Clerk a certified copy of the resolution and also the cost of
publishing its full text once in the Town's official newspaper. The designated
premises shall not be deemed a public place under this definition until 10
days after publication of the text. Any such designation of a public place
under this definition may be revoked by a similarly executed, filed and published
resolution, the revocation to be effective one day after publication.
[Amended 8-9-1983; 9-11-1984
by L.L. No. 16-1984]
No person shall consume, ingest or take internally any alcoholic beverage
or have in his possession an open container containing any amount of such
beverage with an intent to consume, ingest or take internally the same in
a public place within the Town of Southampton, outside incorporated villages,
except upon premises where such consumption has been licensed by the State
Liquor Authority or by permission of the Town Board.
[Added 12-22-1998 by L.L.
No. 50-1998]
No person shall urinate in any public place or in public view within
the Town of Southampton, outside incorporated villages.
[Amended 7-10-1990 by L.L.
No. 19-1990]
Any person violating this chapter shall be subject to a penalty not
exceeding $1,000 or imprisonment for a term not to exceed one year, or both.