For the purpose of this chapter, the following
terms shall have the meanings ascribed to them. All other words shall
have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcoholic 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 human beings.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, dock, wharf,
pier or boat-launching area.
VILLAGE
All the territory within the incorporated boundaries of the
Village of Alexandria Bay.
It shall be a violation of this chapter for
any person to:
A. Consume any alcoholic beverage on any public land
within the Village.
B. Have in his possession any open container containing
any alcoholic beverage on any public land within the Village with
intent to consume the same. In this sense, it shall be presumed that
possession of an open container containing an alcoholic beverage shall
be presumptive evidence in the intent to consume the same.
C. Have within his possession for the purpose of consumption
on public lands either himself or another person any open container
containing alcoholic beverages on any public lands of the Village.
This chapter shall apply to all persons on public land of the Village, except as provided in §
38-3 above, but shall not apply to persons drinking an alcoholic beverage while operating a motor vehicle upon a public highway or a boat or other craft upon the waterway within the Village in violation of any provisions of the Penal Law or the Vehicle and Traffic Law of the State of New York.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be guilty of a violation punishable
by a fine not to exceed $250 or by imprisonment for a term not to
exceed 15 days, or by both such fine and imprisonment.