[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:
INTENT TO CONSUME
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.
OPEN BOTTLE, CAN OR OTHER CONTAINER
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.
[Amended 4-4-1988 by L.L. No. 3-1988]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, Article II, General Penalty, of the Village Code.