[HISTORY: Adopted by the City Council of the City of Corning as indicted in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Conduct in parks and recreation areas — See Ch. 150.
[Adopted 9-3-1968]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the similar number. The word "shall" is always mandatory and not merely directory.
CITY
The City of Corning, New York.
INTENT TO CONSUME
Includes any of the following:
[Added 10-5-1998 by L.L. No. 32-1998]
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Possession with alcohol on the breath of the possessor.
D. 
Any circumstances evidencing an intent to ultimately consume on any public lands.
OPEN CONTAINER
A container not (or no longer) securely capped, corked or sealed, and includes a can or similar container which has been perforated or a container on which the secure capping, sealing or corking (normally provided by the manufacturer of the alcoholic beverage) has been disturbed, as would be exemplified by containers on which the cap has been loosened or the cork displaced or the seal torn or mutilated.
[Added 10-5-1998 by L.L. No. 32-1998]
VEHICLE
Any wheeled conveyance, whether motor powered, animal drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description.
[Amended 10-5-1998 by L.L. No. 32-1998; 5-5-2003]
No person shall have in his or her possession with the intent to consume, at any time, any open container or open bottle containing liquor, beer, wine or other alcoholic beverage while such person is on any public highway, public street, public sidewalk or public parking area in the city. This section may be waived temporarily by the City Council for special events approved in conjunction with Chapter 194 of this Code entitled, "Special Events." During a special event, the Director of Public Safety or/his her designee may revoke or further limit the permission granted by the City Council at any time such activity may, in the judgement of the Director of Public Safety or his/her designee, disturb the order and peace of the city or jeopardize the health, safety or welfare of the public.[1]
[1]
Editor's Note: Former Section 3, regarding open containers in vehicles, which immediately followed this section, was deleted 10-5-1998 by L.L. No. 32-1998.
[Amended 10-5-1998 by L.L. No. 32-1998]
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be fined in amount not exceeding $250 or imprisoned for a period not exceeding 15 days, or be both so fined and imprisoned.
[Adopted 7-16-1969]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory.
CITY
The City of Corning, New York.
PARK
A park, playground, recreation center or any other area in the city, owned or used by the City and devoted to active or passive recreation.
[Amended 2-3-1997]
A. 
No one shall be permitted to serve or consume alcoholic beverages on City of Corning premises, unless an application has been filed and approved by the City of Corning Parks and Recreation Department, including proof of insurance of a comprehensive general liability policy with a minimum of $1,000,000 coverage for personal injury and $100,000 property damage, which includes liquor liability coverage and also names the City of Corning as an additional insured. The proof of insurance must be filed at least 10 business days in advance of the scheduled reservation date. Permits for the consumption of alcohol by more than 25 persons at events or activities shall also require approval by the City Council in accordance with the requirements of Chapter 194 of this Code.
[Amended 5-5-2003]
B. 
The applicant shall be at least 21 years of age and shall assume full and complete responsibility for supervising and requiring safe and proper conduct by those using City of Corning facilities and compliance with the Alcohol Beverage Control Law when serving or allowing the consumption of alcoholic beverages on the reserved premises.
C. 
The applicant shall be responsible and liable for any damage to the premises other than normal wear and tear.
D. 
The applicant shall abide by the City of Corning Parks and Recreation Department Rules and Regulations for Park Facility Usage.
E. 
The permit is not assignable or transferable.
[Amended 10-5-1998 by L.L. No. 32-1998]
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or be imprisoned for a period not exceeding 15 days, or be both so fined and imprisoned.