[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.
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.
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.
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.
A.Â
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.
B.Â
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.
