[HISTORY: Adopted by the Common Council of the City of Hornell: Art.
I, 8-26-1985 (Art. V of Ch. 16 of the 1970 Municipal Code).
Section 90-6 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. II. Other amendments noted where applicable.]
[Adopted 8-26-1985 (Art. V. of Ch. 16 of the 1970
Municipal Code)]
It is the intent of the city, as an exercise of its police power, to
promote the general health, safety and welfare of the residents and inhabitants
of the city by enacting this Article, since it is the finding of the Common
Council that the possession of open containers of alcoholic beverages by persons
on certain public lands, except under controlled conditions, is detrimental
to the health, safety and welfare of the residents of the city, in that such
possession contributes to the development of unsanitary conditions and the
creation of nuisances, including but not limited to littering and raucous
or other disorderly behavior. It is further the intent of the Common Council
that this Article not be considered as a traffic regulation insofar as it
relates to motor vehicles or the operation thereof.
For the purpose of this Article, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage.
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.
The City of Hornell.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, alley, sidewalk or parking lot.
It shall be a violation of this Article for any person to:
A.Â
Consume any alcoholic beverage on any public lands within
the city.
B.Â
Have in his possession any open container containing
any alcoholic beverage on any public lands within the city.
C.Â
Have within his possession for the purposes of consumption
on public lands by either himself or another person any open container containing
an alcoholic beverage on any public lands within the city.
A.Â
The foregoing prohibitions shall not apply to the event
of a fair, picnic or other community gathering for which special permission
has been granted by the city.
B.Â
The foregoing prohibitions shall not apply to the transportation
of an unsealed but not open container across lands of the city from one point
to another with no intent to consume the contents of such open container while
upon public lands.
This Article shall apply to all persons on public lands in the city except as provided in § 90-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the city in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
