It is the intent of the Village of Suffern, as an exercise of
its police power, to promote the general health, safety and welfare
of the residents and inhabitants of the Village by enacting this chapter,
since it is the finding of the Board of Trustees that the consumption
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 the Village in that such consumption
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 words shall have
the meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes 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.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
INTENT TO CONSUME
Includes any of the following:
A.
Drinking from the container.
B.
Possession with movement of the container to the mouth.
C.
Possession with alcohol on the breath of the possessor.
D.
Any circumstances evidencing an intent to ultimately consume
on any public lands.
PUBLIC LANDS
Any highway, street, sidewalk, park or playground.
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage on any public land within the Village
of Suffern.
B. Have in his possession, with intent to consume therefrom, any open
container containing any alcoholic beverage on any public lands in
the Village.
C. Have within his possession for the purposes of consumption on public
lands by either himself or another person any open container containing
an alcoholic beverage within the Village of Suffern.
The foregoing prohibitions shall not apply in the event of a
fair, picnic or other community gathering for which special permission
has been granted by the Board of Trustees. The foregoing prohibitions
shall not apply to the transportation of an unsealed but not open
container across public lands of the Village 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 the Village 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 the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Each violation of this chapter shall be punishable as provided in §
1-12 of Chapter
1, General Provisions.