[HISTORY: Adopted by the Town Board of the Town of Southeast as indicated in article histories. Amendments noted where applicable.]
Parks — See Ch. 99.
[Adopted 7-19-1990 by L.L. No. 4-1990]
The Town of Southeast recognizes that consumption 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 general welfare of the Town, and this article is intended to provide such control and regulation.
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, 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.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- INTENT TO CONSUME
- Drinking, attempting to drink or giving the appearance of drinking.
- OPEN BOTTLE OR CONTAINER
- A bottle or container without a top or other cover or which is open, unsealed, resealed or partially full.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, playground, parking lot, shopping center, mall or 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 pursuant to the Alcoholic Beverage Control Law of the State of New York.
No person shall consume or ingest any alcoholic beverage in any public place in the Town of Southeast.
No person shall have in his or her possession, with the intent to consume the same, any open bottle or container containing an alcoholic beverage while such person is in a public place or within a vehicle which is located in a public place.
The Town Board of the Town of Southeast, for good cause shown, may permit the drinking of alcoholic beverages in Town parks for picnics, gatherings or functions. Such permit shall be issued by the Town Board or its authorized official and shall set forth the date or dates such picnic, function or gathering shall be held, the specific Town park and general location within such park that the picnic, gathering or function is to be held and the hours within which said picnic, gathering or function may be held at the designated location. It shall require the provision of liability insurance by the sponsor of such event with sufficient general liability coverage and naming the Town as an additional insured thereunder and payment of a prescribed fee as established from time to time by the Town Board. Such permit shall be available for inspection by Town and law enforcement officials at the site of such picnic, gathering or function at all times. Failure to possess and make such permit available for inspection shall subject persons in attendance at such picnic, gathering or function to liability under this section.
An open bottle or open container found in any vehicle in any such public place shall be presumptive evidence that the same is in the possession of all occupants of said vehicle.
Any person, upon conviction for a violation of any provision of this article, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable as follows:
For a first offense, by payment of a fine not less than $50 nor more than $150 or by imprisonment not to exceed 10 days, or by both such fine and imprisonment.
For a second or subsequent offense, by payment of a fine of not less than $100 nor more than $250 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
[Adopted 12-14-2006 by L.L. No. 13-2006]
Definitions. For purposes of this article, the following definitions shall apply:
- Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- Includes alcohol, 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, except that confectionary containing alcohol as provided by Subdivision 12 of § 200 of the Agriculture and Markets Law shall not be regarded as an alcoholic beverage within the meaning of this section.
- Includes any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.
- ENFORCEMENT SERVICES
- Includes the salaries and benefits of police officers or other Code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; the cost of repairing any damaged Town equipment or property; and the cost arising from the use of any damaged Town equipment in responding to or remaining at the party, gathering or event.
- A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom the minor has been placed by the court.
- Any person under 21 years of age.
- Any person who is the natural parent, adoptive parent, or stepparent of a minor.
- PARTY, GATHERING or EVENT
- A group of persons who have assembled or are assembling for a social occasion or social activity.
Unlawful acts; exceptions.
Hosting, suffering, permitting, organizing or allowing a party, gathering or event on private property where minors are consuming alcoholic beverages prohibited. Except as otherwise permitted by law, no person shall host, suffer, permit, organize, or allow a party, gathering or event at his or her place of residence or other private property, place or premises under his or her control where three or more minors are present and alcoholic beverages are being consumed by any minor.
Penalty. Any person in violation of Subsection B(1) of this section shall be subject to conviction of a Class A misdemeanor, punishable by up to one year in jail and/or a fine of $3,000.
Reservation of legal options. The Town of Southeast does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of Subsection B through other legal remedies or procedures. The procedures provided for in Subsection B are in addition to any other statute, ordinance or law. Subsection B in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Subsection B, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of Subsection B.
Should any clause, sentence, paragraph, section or provision of this article be adjudged to be unconstitutional or invalid by a court of competent jurisdiction, such decision or judgment shall not affect, impair or invalidate the remainder of this article as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.
This article shall take effect immediately upon its adoption and filing with the Secretary of State as prescribed by law.