[HISTORY: Adopted by the Town Board of the Town of Rush as indicated in article histories. Amendments noted where applicable.]
Use of alcoholic beverages in parks — See Ch. 83.
Article I Open Containers
[Adopted 3-8-1983 by L.L. No. 1-1983]
The Town Board of the Town of Rush finds that the uncontrolled consumption and drinking of beer and other alcoholic beverages in public areas is detrimental to the good order, protection, health, safety and well-being of its residents and tends to create unsightly and unsanitary conditions and creates a nuisance.
The Town Board pursuant to the authority vested in it by the New York State Municipal Home Rule Law and other statutes hereby enacts this law restricting the consumption and drinking of beer and other alcoholic beverages in public areas within the Town limits of the Town of Rush.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 a human being.
- Any bottle, glass, cup or similar article, regardless of labeling, designed to hold, or capable of holding, a liquid.
- INTENT TO CONSUME
- 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.
No person shall have in his or her possession an open bottle or container containing liquor, beer, wine or other alcoholic beverages with intent to consume the same while such person is on any sidewalk, public highway, public street or public parking area. In addition to the foregoing areas, “public place” shall also mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, schools, places of amusement, parks (except those parks under the control, supervision and jurisdiction of the Town of Rush, in which Chapter 83, Parks, of the Code of the Town of Rush applies), playgrounds, stores and parking lots in connection therewith, except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
This section shall not apply to any person who is assembling for, observing or participating in a parade conducted or sponsored by a not-for-profit corporation which has its headquarters in the Town of Rush.
Any open bottle or open container in any vehicle shall be presumptive evidence that the same is in the possession of all the occupants thereof and in violation of this article.
No person shall leave a bottle or other container in any public place except in a receptacle specifically designated for the deposit of trash.
A violation of this chapter shall constitute an offense, and a person violating this chapter shall be subject to a fine not to exceed $250 or to imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment.
This article shall be enforced by the Monroe County Sheriff and/or the New York State Police.