[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 1-16-1984
by L.L. No. 2-1984. Amendments noted where applicable.]
It is the intent of the Village of Norwood, as an exercise of its police
power, to promote the general health, safety and welfare of the residents
and inhabitants of the Village by enacting this chapter, since it is the finding
of the Board of Trustees of the Village of Norwood that the possession of
open containers of alcoholic beverages by persons on certain public lands,
except under controlled conditions, is detrimental to the health, safety and
welfare of the residents of the Village in that such possession contributes
to the development of unsanitary conditions and the creation of nuisances,
including, but not limited to, littering and raucous or other disorderly behavior.
It is further the intent of the Board of Trustees of the Village of Norwood
that this chapter not be considered as a traffic regulation insofar as it
relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following shall have the meanings
ascribed to them. All other words shall have the meanings normally ascribed
to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer and used
or commonly marketed for consumption purposes.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Drinking from the container, with alcohol on the breath of the possessor
and/or any circumstances evidencing an intent to ultimately consume on any
public lands.
[Added 12-19-2006 by L.L. No. 1-2006]
Any highway, street, alley, sidewalk, park or playground, public
parking lot or public building.
The Village of Norwood, New York.
It shall be a violation of this chapter for any person to:
A.
Consume any alcoholic beverage on any public land within
the Village.
B.
Have in his possession, with the intent to consume, any
open container containing any alcoholic beverage on any public lands within
the Village.
[Amended 12-19-2006 by L.L. No. 1-2006]
C.
Have within his possession, with the intent to consume,
on public lands by either himself or another person any open container containing
an alcoholic beverage on any public lands within the Village.
[Amended 12-19-2006 by L.L. No. 1-2006]
An open container containing an alcoholic beverage in any vehicle shall
be presumptive evidence that the same is in possession of all occupants thereof
and in violation of this chapter.
A.
The foregoing prohibitions shall not apply in the event
of a fair, picnic or other community gathering for which special permission
for an exception under this section has been granted by the Board of Trustees.
B.
The foregoing provisions shall not apply to the transportation
of an unsealed but not open container across public lands of the Village from
one point to another, with no intent to consume the contents of such open
container while upon public lands.
This chapter shall apply to all persons on public lands in the Village except as provided in § 50-5 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 4-21-1997by L.L. No. 1-1997]
Each violation of this chapter shall be punishable by a fine not exceeding
$250 or imprisonment not to exceed 15 days, or both, for each offense.
