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.
CONTAINER
Any bottle, can, glass, cup or other receptacle suitable
for or used to hold any liquid.
INTENT TO CONSUME
Includes any of the following:
A.
Drinking from the container.
B.
Possession with movement of the container to
the mouth.
C.
Possession with alcohol on the breath of the
possessor.
D.
Any circumstances evidencing an intent to ultimately
consume on any public lands.
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.
POSSESSION
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.