[HISTORY: Adopted by the Town Board of the Town of New Paltz 12-29-1986 by L.L. No. 10-1986. Amendments noted where applicable]
The Town of New Paltz, County of Ulster, State of New York, by its Town Board, finds that possession of an open container of alcoholic beverage in a public place within the Town has lead to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the peace, littering of public places, destruction of property and other acts and conditions detrimental to the public health, safety and welfare of the residents of said Town of New Paltz. The Town Board finds further that preservation of the public safety and prevention of conditions which leads to conduct disturbing the public peace attributable to the consumption of alcoholic beverages can be accomplished by the prohibition of the consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under such circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
As used herein, the following words shall have the meanings set forth below:
- Ethyl alcohol, hydrated oxide of ethyl or spirit of wine from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, 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.
- The fermented natural juices of fresh, whole apples, containing more than 3.2% alcohol by volume.
- Includes any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.
- Includes an individual, copartnership, corporation, association, society or joint-stock company.
- PUBLIC PLACE
- 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, churches, places of amusement, parks, playgrounds, parking lots, sidewalks, shopping centers, malls, cemeteries and hallways and lobbies or other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. For the purposes of this chapter, "public place" shall not include any place which is upon or within boundaries duly licensed by the State Liquor Authority of the State of New York for the on-premises consumption of alcoholic beverages pursuant to the provisions of the Alcoholic Beverage Control Law of the State of New York.
- Any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution.
- TRANSPORTATION FACILITY
- Any conveyances, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars and buses and air, boat, railroad and bus terminals and stations and all appurtenances thereto.
- Every device in, upon or by which any person or property is or may be transported or drawn by any power, including muscular power, and shall include but is not limited to bicycles, motorcycles, automobiles, snowmobiles, coaches, wagons, platforms and trailers.
- The product of the normal alcoholic fermentation of the juice of fresh, sound, ripe fruits, with or without the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, and shall include champagne and sparkling and fortified wines of an alcoholic content.
No persons shall drink or otherwise consume any alcoholic beverage in any public place within the Town, nor shall any person have in his possession an open or unsealed container of alcoholic beverage while in any public place for the purpose or with the intent of consuming such alcoholic beverage by himself or by another in any public place.
No persons shall consume any alcoholic beverage in any vehicle in any public place within the Town, nor shall any person have in his possession, while in a vehicle in any public place within the Town, an open or unsealed container of an alcoholic beverage for the purpose of or with the intent of consuming such alcoholic beverage by himself or by another in any such public place.
This chapter shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
The presence in any vehicle of any bottle, can, container or other receptacle upon which the original seal thereof has been broken containing any alcoholic beverage is presumptive evidence of knowing possession thereof by each and every person in the vehicle at the time such container was found, except that such presumption does not apply to a duly licensed operator of a vehicle who is at the time operating it for hire in the lawful and proper pursuit of his trade or when such container is concealed upon the person of one of the occupants.
[Amended 12-30-1987 by L.L. No. 9-1987]
Upon conviction for a violation of this chapter, a person shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law of the State of New York, which shall be punishable by the payment of a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.