[Adopted 7-19-1977 by L.L. No. 1-1977]
The Village of Pelham recognizes that possession
of open containers of alcoholic beverages in public places must be
adequately controlled so as to prevent public disorder, nuisances,
littering and other acts and conditions detrimental to the health,
safety and welfare of the residents of the Village, and this article
is intended to provide such control and regulations.
As used herein, the following words shall have
the meanings below set forth:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
Any highway, street, sidewalk, park, playground or any other
place to which the public or a substantial group of persons has access,
but excluding those public places wherein the use and consumption
of alcoholic beverages is authorized pursuant to a license or permit
issued under the Alcoholic Beverage Control Law.
The Incorporated Village of Pelham, New York, as its boundaries
now are or may hereafter become fixed and determined.
No person shall have in his or her possession
in any public place within the Village any open, resealed or partially
empty container containing an alcoholic beverage.
The foregoing prohibition shall not apply in
the event of a fair, picnic or other community gathering for the conduct
of which special permission has been granted by the Village.
Any open, resealed or partially empty container
containing an alcoholic beverage found in any parked or standing vehicle
shall be presumptive evidence that same is in the possession of all
occupants of said vehicle; provided, however, that the provisions
of this article shall not apply to any person drinking an alcoholic
beverage while operating a motor vehicle upon a public highway in
violation of § 1227 of the Vehicle and Traffic Law of the
State of New York.
