Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 12-8-1980 by L.L. No. 5-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Mass pubic assemblies — See Ch. 71.
Drug-free school zones — See Ch. 108.

§ 64-1 Findings of fact.

The Town Board of the Town of Wappinger recognizes that the consumption of alcoholic beverages within public places and areas in the Town of Wappinger must be adequately controlled and regulated so as to prevent public disorder, littering and other acts that affect the health and welfare of the residents of the Town of Wappinger.

§ 64-2 Definitions.

As used in this chapter, the following words shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Beer, wine, liquor and all "alcoholic beverages," as more specifically defined by § 3 of the New York State Alcoholic Beverage Control Law, or mixtures which include, in part, alcoholic beverages.
CONTAINER
Any bottle, glass, cup or other container containing any alcoholic beverage or mixtures which include alcoholic beverages. For the purpose of this chapter, a container shall be deemed open if the bottle or distiller's original seal has been broken.
PUBLIC PLACE
A place to which the public or a substantial number of persons have access, and includes but is not limited to public highways, streets, sidewalks, public ways, alleys, parking lots, parking areas and other places open or used by the general public.

§ 64-3 Possession of open container prohibited.

[Amended 7-1-1983 by L.L. No. 6-1983]
No person shall carry, transport or have in his possession in a public place any open, resealed or partly empty bottle, can, container or similar article containing an alcoholic beverage of any kind or description with intent to consume the same.

§ 64-4 Littering.

No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public street, sidewalk, park, parking area or public place of any nature within the Town of Wappinger.

§ 64-5 Consent required for consumption in public.

No person shall consume any alcoholic beverage in a public place unless consent has been obtained from the Town Board of the Town of Wappinger for an exemption from this chapter.

§ 64-6 Penalties for offenses.

A. 
Violations of this chapter shall constitute a violation as defined by the Penal Law of the State of New York.
B. 
The penalties for violation of this chapter shall be those prescribed by the Penal Law of the State of New York for violations (Penal Law § 80.05, Subdivision 4).

§ 64-7 Exemptions from provisions.

A. 
This chapter shall not extend to activities conducted by civic or not-for-profit organizations who have been authorized by the State of New York to dispense alcoholic beverages if such activities take place in public places and prior permission has been obtained from the Town Board to conduct such activities in public places.
B. 
Nothing contained herein shall be construed to prohibit residents from consuming alcoholic beverages within and on private property. Private property shall not include vehicles located in public places, as defined by this chapter.

§ 64-8 Enforcement.

[Added 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger.