[HISTORY: Adopted by the Village Board of the Village of
Churchville 3-19-1979 by L.L. No.
1-1979 (Ch. 28 of the 1984 Code). Amendments noted
where applicable.]
The Village of Churchville, by and through its Village Board
and pursuant to the authority vested in the Village Board by the Village
Law, hereby enacts this chapter for the purpose of restricting the
consumption and drinking of beer and other alcoholic beverages in
public areas and prohibiting the possession of any open bottle or
container containing beer and other alcoholic beverages in public
areas within the corporate limits of the Village of Churchville.
The Village Board of the Village of Churchville finds that the
consumption and drinking of beer and other alcoholic beverages in
public areas is detrimental to the health, safety and welfare of its
residents and causes unsightly and unsanitary conditions and creates
a nuisance.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall have in his possession with intent to consume
any open bottle or container containing liquor, beer, wine or other
alcoholic beverages while such person is on any sidewalk, public highway,
public street, public parking area or in any vehicle on a public street
or public place, and, in addition to the foregoing areas, "public
place" shall also mean a place to which the public or a substantial
group of persons has access, and includes, but is not limited to,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds and hallways, lobbies and other portions of apartment
houses and hotels not constituting rooms or apartments designed for
actual residence, except those premises duly licensed for the sale
and consumption of alcoholic beverages on the premises.
Any open bottle or open container in any vehicle shall be presumptive
evidence that the same is in the possession of all the occupants thereof
and in violation hereof.
