[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 (This local law also repealed former Ch. 44, Regulation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.]
GENERAL REFERENCES
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:
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.
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:
A.
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.).
B.
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.).
C.
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.
