Village of Suffern, NY Chapter 73 Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 9-12-1983 by L.L. No. 6-1983. Sections 73-1, 73-2, 73-3B and 73-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Parks — See Ch. 193.

Peace and good order — See Ch. 197.

§ 73-1 Legislative intent. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 73-2 Definitions.

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[1]

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.

VILLAGE

The Village of Suffern.

[1] Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 73-3 Prohibitions against public consumption.

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.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

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.

§ 73-4 Exceptions.

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.

§ 73-5 Applicability.

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.

§ 73-6 Penalties for offenses. [1]

Each violation of this chapter shall be punishable as provided in § 1-12 of Chapter 1, General Provisions.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.