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.
[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.
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 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.