[HISTORY: Adopted by the City Council of the City of Batavia 6-25-2001 by L.L. No. 1-2011. Amendments noted where applicable.]
The purpose of this chapter is to regulate consumption of alcoholic beverages on public lands and the possession of open containers of alcoholic beverages on public lands in the City of Batavia, County of Genesee, State of New York. This chapter is being enacted to preserve the public peace and good order and to exercise the police power of the City to promote the general health, safety and welfare of the residents of the City by enacting this chapter since it is the finding of the City Council that the possession of open containers of alcoholic beverages by persons on public lands, streets and sidewalks and the consumption of alcoholic beverages on public lands should be regulated, except under controlled conditions, as such is detrimental to the health, safety and welfare of the residents of the City of Batavia, in that such possession and consumption contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the City Council that this chapter shall not be considered as a traffic regulation insofar as it relates to motor vehicles or to the operation thereof.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGES
- Includes all beverages as defined in the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or other receptacle suitable for or used to hold any liquid.
- INTENT TO CONSUME
- Includes any of the following:
- OPEN CONTAINER
- The condition of the container, containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, whose cap, cork, top or other closing device has been removed, or the condition of a can which is punctured or pulled open so as to break its seal.
- Exercise of dominion over the container or beverage.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, including picnic areas,
playground, parking lot, shopping center, school grounds, lands owned
by the municipality or in possession of said municipality or any other
place to which the public has access, including a public parking lot
or driveway for one or more vehicles used by patrons of any commercial,
industrial or professional place of business, 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 of the State of New York.[Amended 8-8-2011 by L.L. No. 3-2011]
No person shall possess, carry or transport any alcoholic beverage with the intent to consume the same in any open or unsealed container on any public lands as defined as aforesaid.
The provisions of this chapter shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the City Council of the City of Batavia or its duly designated agent.
Each violation of this chapter shall be punishable by a fine not to exceed $250 or by imprisonment for not more than 15 days, or both, for each offense. A conviction of an offense against this chapter shall constitute a violation. Each such violation shall constitute a separate violation.