Village of Cuba, NY
Allegany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of Cuba Village 8-8-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Drug-free zones — See Ch. 7.
Smoking — See Ch. 161.

§ 73-1 Intent; findings.

It is the intent of Cuba Village, New York, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of Cuba Village, New York, by enacting this chapter, since it is the finding of the Board of Trustees 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 Cuba Village, New York, 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 that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

§ 73-2 Definitions.

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.
ALCOHOLIC BEVERAGE
Alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by human beings.
CONTAINER
Any bottle, can, glass, cup or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Any highway, street, sidewalk, park or playground.
VILLAGE
Cuba Village, County of Allegany, State of New York.

§ 73-3 Prohibited acts.

It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any public lands within Cuba Village, New York.
B. 
Have in his/her possession any open container containing any alcoholic beverage on any public lands within Cuba Village, New York. A container shall be considered open if it is not sealed closed.[1]
[1]
Editor's Note: Former Subsection C, pertaining to possession of an open container, which immediately followed this subsection, was repealed 12-11-2006 by L.L. No. 2-2006.

§ 73-4 Exceptions.

The foregoing prohibition shall not apply:
A. 
In the event of a fair, picnic or other community gathering for which special permission has been granted by the Board of Trustees of Cuba Village.
B. 
To the transportation of an unsealed but not open container across public lands of Cuba Village, New York, from one point to another, with no intent to consume the contents of such open container while upon public lands.

§ 73-5 Applicability.

This chapter shall apply to all persons on public lands in Cuba Village, New York, except as provided in § 73-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within Cuba Village, New York, in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.

§ 73-6 Penalties for offenses.

[Amended 8-26-1996 by L.L. No. 3-1996]
Each violation of this chapter shall be punishable by a maximum fine of $250 or 15 days' imprisonment, or both, for each offense.