[Added 3-27-1978 by L.L. No. 6-1978]
[Amended 7-11-1983 by L.L. No. 13-1983]
The Board of Trustees of the Incorporated Village of Freeport hereby declares and finds it to be in the public interest and in the promotion of public order to provide for the regulation of certain conduct in public places and in motor vehicles within the Village of Freeport.
A. 
For the purpose of this article, the terms used herein are defined as follows:
ALCOHOLIC BEVERAGES
Means and includes any liquid intended for human consumption containing more than 1/2 of 1% by volume of alcohol.
EVENT
Means and includes a fair, picnic, block party or other community gathering in any public place.
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.
[Added 10-21-2024 by L.L. No. 1-2024]
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.
[Added 10-21-2024 by L.L. No. 1-2024]
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, including, but not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the Village of Freeport, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
B. 
Words singular in form may include the plural, and words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders.
[Added 7-11-1983 by L.L. No. 13-1983]
[Amended 7-11-1983 by L.L. No. 13-1983]
A. 
Unless otherwise authorized by the ordinances of the Village of Freeport or the provisions of this article, it shall be unlawful and an offense against this article for any person knowingly to possess, carry or transport any open bottle, can or other container containing liquor, wine, beer or other alcoholic beverage with the intent to consume the same in or on any public place in the Village of Freeport, or in a motor vehicle, as said term is defined in the Vehicle and Traffic Law of the State of New York, which is parked or moving on or over a public place in the Village of Freeport. This section shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property. This section shall be construed in conjunction with Vehicle and Traffic Law § 1227 as to enforcement on public highways or a right-of-way public highway.
[Amended 10-21-2024 by L.L. No. 1-2024]
B. 
Unless otherwise authorized by the ordinances of the Village of Freeport or the provisions of this article, it shall be unlawful and an offense against this article for any person to consume liquor, wine, beer or other alcoholic beverage in or on any public place in the Village of Freeport. This section shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.
C. 
Presumptions of possession.
(1) 
A person who knowingly possesses, carries or transports any open bottle, can or other container containing liquor, wine, beer or other alcoholic beverage in or on any public place, or in a motor vehicle in the Village of Freeport, is presumed to do so with the intent of consuming the same in said public place or motor vehicle.
(2) 
The existence of any open bottle, can or other container containing liquor, wine, beer or other alcoholic beverage found in any motor vehicle, except a public omnibus, in the Village of Freeport, and occupied by one or more persons at the time of its discovery, shall be presumptive evidence that the same is in the possession of all of the occupants thereof, and each of them, and in violation of this article.
(3) 
Either of the presumptions contained in Subsection C(1) and (2) of this section may be rebutted by competent legal evidence tending to negate such intent.
[Amended 10-21-2024 by L.L. No. 1-2024]
A violation of any provision of this article shall constitute an offense punishable by a fine not to exceed $1,000 or by imprisonment for a term not to exceed 15 days, or both. Each violation of this article shall be deemed a separate violation.