Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield 4-3-1989 by L.L. No. 1-1989. Amendments noted where applicable.]

§ 85-1 Purpose and findings.

It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Town of Penfield by prohibiting the consumption of alcoholic beverages in public places within the Town. The Town Board finds that possession of an open container of alcoholic beverage in a public place within the Town has led to consumption of the same, resulting in disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Town Board finds further that preservation of the public welfare and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places, and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.

§ 85-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, hard 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:
[Added 12-16-2015 by L.L. No. 3-2015]
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Any circumstances evidencing an intent to ultimately consume on any public lands.
PUBLIC PLACE
Any highway, street, sidewalk, park, playground, Town building and curtilage in the Town, public parking area, a place to which the public or a substantial group of persons has access and includes, but is not limited to, transportation facilities, schools, places of amusement, stores, shopping centers, and parking lots in connection therewith and except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
TOWN
The Town of Penfield.

§ 85-3 Prohibited conduct.

It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage in any public place within the Town.
B. 
Have in his/her possession an open or unsealed container of any alcoholic beverage while in any public place for the purpose of and with the intent to consume such alcoholic beverage by himself/herself or by another in any public place.

§ 85-4 Exceptions.

The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized under the laws and regulations of this state, county or Town; nor shall such prohibition apply to the possession of an open or unsealed container of an alcoholic beverage solely for the purpose of transporting the same without an intent or indication to consume the same in any public place.

§ 85-5 Applicability to state vehicle violations.

This chapter shall not apply to any person in violation of Vehicle and Traffic Law § 1227.

§ 85-6 Penalties for offenses.

Each violation of this chapter shall be punishable by a fine not exceeding $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.