Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fallsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 197.
Peace and good order — See Ch. 209.
[Adopted as Ch. 65, Arts. IV and V, of the 1971 Code; amended in its entirety by Ord. No. 83-1]

§ 87-1 Legislative intent; purpose.

A. 
The Town Board finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.
B. 
The purposes of this article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places; and to protect the public health, safety and welfare and to promote the public good.

§ 87-2 Consumption of alcoholic beverages in certain public places.

A. 
Prohibited. No person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public sidewalk, alley, street, highway, or parking lot within the Town of Fallsburg.
B. 
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Fallsburg, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume same in any of the public places described in Subsection A of this section.
C. 
Presumptions.
(1) 
The possession of an open bottle or open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.
(2) 
An open bottle or open container in any vehicle while in or on any public sidewalk, alley, street, highway or parking lot, shall be presumptive evidence that the same is in the possession of all the occupants thereof.

§ 87-3 Penalties for offenses.

Any person who shall violate any provision of this chapter shall be punished as provided in § 1-16 of this Code.