[HISTORY: Adopted by the Town Board of the
Town of Putnam Valley 8-17-1983 by L.L. No. 3-1983 (Ch. 3 of the 1974
Code); amended in its entirety 8-15-2007 by L.L. No. 7-2007.
Amendments noted where applicable.]
It is the purpose of this chapter to protect
the public interest, welfare, health and safety within the Town of
Putnam Valley by prohibiting the consumption of alcoholic beverages
in public places within the Town, and further restricting such consumption
by minors on private property.
A.
The Town Board finds that possession of an open container
of alcoholic beverage in a public place within the Town has led 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
preservation of the public safety and prevention of conditions which
lead to conduct disturbing the public peace attributable to consumption
of alcoholic beverages can be promoted by the prohibition of consumption
of alcoholic beverages in public places and by restricting 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.
B.
The Town Board finds that the public health, safety
and welfare is promoted by restricting the consumption of alcohol
by minors, which is harmful to the minors themselves and to the community.
Parties on private property are an important source of alcohol consumption
by minors and resulting nuisances. The ability of law enforcers to
abate such gatherings and fine the host(s) will decrease the abuse
of alcohol by minors, and resulting physical altercations and injuries,
neighborhood vandalism, and excessive noise disturbance. Parties,
gatherings or events on private property where minors are consuming
alcohol are determined to be a threat to the peace, health, safety,
and welfare of the public.
The following terms used in this chapter have
the following meanings, unless the context requires or indicates a
different meaning:
Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine
from whatever source or by whatever process produced.
Includes alcohol, 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 a human being; except
that confectionery containing alcohol as provided by Subdivision 12
of § 200 of the Agriculture and Markets Law shall not be
regarded as an alcoholic beverage within the meaning of this section.
Includes any fermented beverages of any name or description
manufactured from malt, wholly or in part, or from any substitute
therefor.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Includes the salaries and benefits of police officers or
other code enforcement personnel for the amount of time actually spent
in responding to, remaining at or investigating the party, gathering
or event and the administrative costs attributable to the incident;
the actual cost of any medical treatment to injured police officers
or other code enforcement personnel; the cost of repairing any damaged
Town equipment or property; and the cost arising from the use of any
damaged Town equipment in responding to or remaining at the party,
gathering or event.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom the minor has
been placed by the court.
Any person under 21 years of age.
Any person who is the natural parent, adoptive parent, or
step-parent of a minor.
A group of persons who have assembled or are assembling for
a social occasion or social activity.
Any highway, street, sidewalk, park or playground or Town
building in the Town, including public beaches, pools and improvement
and park district facilities and property.
The Town of Putnam Valley.
It shall be a violation of this chapter for
any person to:
A person who possesses an open container containing
an alcoholic beverage, as defined herein, is presumed to possess same
with the purpose of consuming said alcoholic beverage.
Upon written application to the Town Clerk,
a permit may be issued suspending the provisions of this chapter for
a particular event.
The foregoing prohibition shall not apply to
possession of an alcoholic beverage for the purpose of consumption
in any public place where the same is authorized by a license or permit
under the laws and regulations of this state and under the regulations
of the Town; nor shall such prohibition apply to the possession of
an open or unsealed container of an alcoholic beverage solely for
the purpose of transporting the same without an intent or indication
to consume the same in any public place.
Except for violations of § 47-8 hereof, this chapter shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.
A.
Except as otherwise permitted by law, no person shall
knowingly host, suffer, permit, organize, or allow a party, gathering
or event at his or her place of residence or other private property,
place or premises under his or her control where three or more minors
are present and alcoholic beverages are being consumed by any minor.
B.
This section does not apply to conduct between a minor
child and his or her parent or guardian.
C.
This section does not apply to any location or place
regulated by the New York State Liquor Authority.
D.
The prohibition in this section is in addition to
all other applicable statutes, ordinances and law. This section does
not limit the authority of peace officers or private citizens to make
arrests for any criminal offense arising out of the conduct proscribed
herein, or limit the authority of the state or any subdivision to
prosecute any offenses arising out of the same circumstances. Nothing
in this section waives any existing right of an arresting or prosecuting
authority to reimbursement of actual costs of enforcement services
or prosecution from a violator as provided by law.
