[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 10-13-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
Zoning — See Ch. 175.
The Board of Trustees of the Village of Baxter Estates hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Baxter Estates.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGES
- Includes any liquid intended for human consumption containing more than 1/2 of 1% by volume of alcohol.
- Includes a fair, picnic, block party or other community gathering in any public place.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public street, public highway or public place.[Added 9-19-2005 by L.L. No. 1-2005]
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the Village of Baxter Estates, except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
Possession of alcoholic beverages is restricted. Unless otherwise authorized by Chapter 175, Zoning, or general ordinances of the Village of Baxter Estates and except as hereinafter provided, no person shall have in his possession with intent to consume an open bottle, can or other container containing any alcoholic beverages in or on any public place in the Village of Baxter Estates or in a motor vehicle in accordance with Vehicle and Traffic Law § 1227. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
[Amended 9-19-2005 by L.L. No. 1-2005]
Consumption of alcoholic beverages is prohibited. Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
Presumption of possession. The existence of any open bottle, can or other container containing any alcoholic beverages found in any motor vehicle, except a public omnibus, shall be deemed presumptive evidence that the same is in the possession of all occupants thereof and in violation of this chapter of the Village of Baxter Estates Code.
Within a reasonable period prior to the proposed date of an event, any person may apply to the Village Clerk, on his own behalf or on behalf of an organization, for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of an event.
[Amended 9-19-2005 by L.L. No. 1-2005]
The application shall contain the following information:
The name of the applicant(s) and the address and telephone numbers of each. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
The purpose of the event, the date when it is proposed to be held, the approximate time when this event will start and terminate and the location of the assembly area.
Such other information as the Village Clerk may deem reasonably necessary.
Where the Village Clerk shall determine that the proposed event is of such character, size and location as to be appropriate to and in harmony with the surrounding area and that the public health, morals, safety and general welfare of such neighborhood will not be endangered by the granting of such permit, he shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
Upon a denial by the Village Clerk of an application made pursuant to Subsection A hereof, the applicant may appeal the determination of the Village Clerk to the Board of Trustees by filing a written notice of appeal for hearing by the Board at its next meeting.
The Village Clerk may waive the requirements of this section where, in his opinion, any irregularity or noncompliance would not endanger the public health, morals, safety and general welfare of such neighborhood and where strict compliance would result in unreasonable hardship upon the applicant.
[Amended 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.