[HISTORY: Adopted by the Town Board of the Town of
Hyde Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1980 by L.L. No. 3-1980]
The purpose of this article is to regulate consumption of alcoholic
beverages on public lands and the possession of open containers of alcoholic
beverages on public lands in the Town of Hyde Park, County of Dutchess, State
of New York. This article is being enacted to preserve the public peace and
good order and to exercise the police power of the Town to promote the general
health, safety and welfare of the residents of the Town by enacting this article
since it is the finding of the Town Board 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 Town of Hyde Park 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 Town Board
that this section shall not be considered as a traffic regulation insofar
as it relates to motor vehicles or to the operation thereof.
For the purposes of this article, the following terms shall have the
meaning ascribed to them, and all other words shall have the meaning normally
ascribed to them in regular usage:
Includes all beverages as defined in the Alcoholic Beverage Control
Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Exercise of dominion over the container or beverage.
Any highway, street, sidewalk, 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 12-17-2001 by L.L. No. 13-2001]
No person shall possess, carry, consume or transport any alcoholic beverage
in any open container on any public lands, as defined as aforesaid, or in
any motor vehicle, as defined by the Motor Vehicle Law of the State of New
York.
The provisions of this article shall not apply in the event of a fair,
picnic or other community gathering for which special permission has been
granted by the Town Board of the Town of Hyde Park.
[Amended 6-22-1981 by L.L. No. 2-1981]
Each violation of this article shall be punishable by a fine not to
exceed $250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. Each such violation shall constitute a separate
violation.
