[HISTORY: Adopted by the Board of Trustees
of the Village of Tivoli 7-14-1980 by L.L. No. 1-1980. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Village of Tivoli L.L. No. 1-1980, Regulating Consumption of Alcoholic
Beverages in Public Places."
The Village of Tivoli recognizes that consumption
of alcoholic beverages in public places must be adequately controlled
so as to prevent public disorder, nuisance, littering, vandalism and
other acts and conditions detrimental to the health, safety and welfare
of the residents of the Village, and this chapter is intended to provide
such control and regulation.
As used herein, the following words shall have
the meanings below set forth:
Includes all beverages as defined in § 3 of the
Alcoholic Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or receptacle suitable for or
used to hold any liquid.
Includes a fair, picnic, block party and church, civic, fraternal
and Fire Department affairs or other community or public gathering
in any public place.
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 5-11-1998 by L.L.
No. 1-1998]
A container with the contents exposed to the atmosphere or
the seal thereof broken.
[Added 5-11-1998 by L.L.
No. 1-1998]
Any highway, street, sidewalk, park, playground, parking
lots, shopping centers, malls or any other place to which the public
or a substantial group of persons has access, including a public parking
lot or driveway for one or more vehicles used by patrons of any commercial,
industrial, professional or eleemosynary place of business, but excluding
the interior of premises wherein the use and consumption of alcoholic
beverages is authorized pursuant to a license or permit issued under
the Alcoholic Beverage Control Law.
[Amended 5-11-1998 by L.L. No. 1-1998]
No person shall possess, carry or transport
with the intent to consume or actually consume any liquor, beer, wine
or other alcoholic beverage in any open container in any public place
or in a motor vehicle, as defined by the Vehicle and Traffic Law of
the State of New York, which is parked or moving on or over a public
place.
This chapter shall not apply to any event as
above defined for which a special permit shall have been issued by
the Village Board pursuant to such regulations as it may deem proper
to establish.
The existence of any open bottle, can or other
container containing any alcoholic beverages found in any motor vehicle,
except a public omnibus, shall be deemed presumptive evidence that
the same is in the possession of all the occupants thereof and in
violation of this chapter.
[Amended 5-11-1998 by L.L. No. 1-1998]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each day of continuance of an offense shall be considered
a separate offense.
