[HISTORY: Adopted by the Board of Trustees of the Village
of Alexandria Bay at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
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.
A.
The
foregoing prohibition shall not apply in the event of a fair, picnic
or other community gathering for which special permission has been
granted by the Village Board.
B.
The
foregoing prohibition shall not apply to the transportation of an
unsealed, unopened container across public lands of the village from
one point to another with no intent to consume the contents of such
unopened container while on public lands.
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.
