[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 7-10-1984. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Mount Pleasant Law Regulating the Consumption of Alcoholic Beverages in Public Places."
The Town Board of the Town of Mount Pleasant has determined that the consumption of alcoholic beverages in public places often leads to disorders, nuisance and related problems, as well as the littering of such public places, and is disturbing to the public and threatens peace and good order.
The purpose of this chapter is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places and to protect the public health, safety and welfare and to promote the public good.
As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
- ALCOHOLIC BEVERAGE
- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks and playgrounds, and hallways, lobbies and other portions of apartment houses not constituting rooms or apartments designed for actual residence.
- TRANSPORTATION FACILITY
- Any conveyance, premises or place used for or in connection with public passenger transportation, whether by railroad, motor vehicle or any other method.
Prohibited. No person shall, within the Town of Mount Pleasant, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public sidewalk, street, highway, transportation facility, parking lot, swimming pool, public park or such other public place, as defined by § 240.00 of the Penal Law of the State of New York.
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Mount Pleasant, any open bottle, can or open container containing liquor, wine, beer or other alcoholic beverages with the intent of the possessor or another to consume same in any of the public places described in Subsection A of this section.
The possession of an open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage, unwrapped or with the top exposed in a public place, as herein defined, shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.
Such an open bottle, can or container in any vehicle while in or on any public sidewalk, street, highway, parking lot, public park or other public place, as defined by § 240.00 of the Penal Law of the State of New York, shall be presumptive evidence that the same is in the possession of all the occupants thereof.
The holding of such open bottle, can or container to the mouth in a drinking manner, or the placing, throwing or otherwise disposing of such container or its contents in a public place shall be presumptive evidence that the person doing such act did consume or ingest an alcoholic beverage in a public place.
Any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage found in any vehicle in any such public place shall be prima facie evidence that the same is in possession of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public places or possessing open, unsealed, resealed or partially empty bottles, cans or containers of such alcoholic beverages shall not apply nor be a violation of this chapter in the event of a gathering which has been granted a special permit by the Town Clerk according to regulations approved by the Town Board nor to any place licensed by the State of New York to sell alcoholic beverages for on-premises consumption.
Any person, upon conviction for a violation of this chapter, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable by a fine not exceeding $250 or imprisonment for a term not to exceed 15 days, or both.