[Adopted 5-23-1980 as L.L. No. 2-1980]
The title of this Article shall be "Town of Brutus Open Container Use
and Disposal Law."
The Town of Brutus, in enacting this Article, is exercising its police
power to promote the health, welfare and safety of its residents by controlling
the use of open containers of alcoholic beverages within public places and
to prevent public disorders and littering.
For the purpose of this Article, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular use.
ALCOHOLIC BEVERAGE
Includes beer, wine, liquor and all other beverages as defined by
the New York Alcoholic Beverage Control Law.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
PUBLIC LANDS
Any highway, street, public sidewalk, cemetery, playground, public
parking area, public buildings or parks, except by special permit issued by
the Town Clerk or any authorized official to persons reserving the Town Park,
or such other lands as are generally open to the public.
[Amended 5-11-1992 by L.L. No. 2-1992]
No person while on public land within the Town of Brutus, or while in
any vehicle while said vehicle is on a public highway, street, parking area
or public land located within the Town of Brutus shall have in his or her
possession any open container with the intent to consume an alcoholic beverage.
No person shall break, leave or discard any open container on public
land within the Town of Brutus, except in a waste receptacle placed on public
land and for the purpose of depositing or discarding therein waste, or in
an area designated therefor.
A violation of this Article shall constitute a violation as defined
in the Penal Law of the State of New York.
[Amended 5-11-1992 by L.L. No. 2-1992]
A person violating this Article shall be punishable by a fine not exceeding
$250 or by imprisonment for 15 days, or by both such fine and imprisonment.