[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."
A.
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.
B.
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:
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.
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.
Any conveyance, premises or place used for or in connection with
public passenger transportation, whether by railroad, motor vehicle or any
other method.
A.
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.
B.
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.
C.
Presumptions.
(1)
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.
(2)
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.
(3)
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.
