[HISTORY: Adopted by the Board of Trustees of Cuba Village 8-8-1983 by L.L. No.
1-1983. Amendments noted where applicable.]
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.
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.
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.
Any bottle, can, glass, cup or other receptacle suitable
for or used to hold any liquid.
Any highway, street, sidewalk, park or playground.
Cuba Village, County of Allegany, State of New York.
It shall be a violation of this chapter for any person to:
A.Â
Consume any alcoholic beverage on any public lands within Cuba Village,
New York.
B.Â
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was repealed 12-11-2006 by L.L. No. 2-2006.
The foregoing prohibition shall not apply:
A.Â
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.Â
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.
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.
[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.
