[HISTORY: Adopted by the North Hempstead Town Board 6-11-1985 as L.L. No. 6, 1985. (This local law also repealed former Ch. 44, Regulation of Public Places, adopted 10-18-1977 as L.L. No. 7, 1977, as amended.) Amendments noted where applicable.]
Alcoholic beverages in parks and on beaches — See Ch. 39.
It is the purpose of this local law to protect the public interest, welfare, health and safety within the Town of North Hempstead by prohibiting the consumption of alcoholic beverages in public places within the town. The Town Board finds that possession of an open or unsealed container of alcoholic beverage in a public place within the town leads to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Town Board finds, further, that the preservation of the public health and the prevention of conditions which lead to conduct disturbing the public peace, which, attributable to consumption of alcoholic beverages, can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under 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.
For purposes of this local law, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage:
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind.
- PUBLIC LAND
- Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or any other public facility or ground, whether vacant or improved, within the unincorporated boundaries of the town.
- The Town of North Hempstead, New York.
It shall be a violation of this local law for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the town or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.
For the purposes of this local law, the following rebuttable presumption shall apply: The possession by a person of an open or unsealed container which contains an alcoholic beverage while in or upon public land, as described in § 44-2 herein, within the town shall be presumptive evidence that said container is possessed with the intent to consume the contents thereof.
[Amended 8-6-1996 by L.L. No. 15, 1996]
Any person or persons, association, firm or corporation who violates any of the provisions of this chapter shall be punished as follows:
For conviction of a first offense, by a fine of not less than fifty dollars ($50.) and not more than two hundred fifty dollars ($250.).
For conviction of the second of two (2) offenses, both of which were committed within a period of three (3) years, by a fine of not less than one hundred dollars ($100.) and not more than five hundred dollars ($500.).
For conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of three (3) years, by a fine of not less than two hundred dollars ($200.) and not more than seven hundred fifty dollars ($750.) or by imprisonment not exceeding fifteen (15) days, or by both.
Should any provisions of this local law be judicially determined to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this local law as a whole, and the remaining provisions hereof shall continue in full force and effect.