Town of Busti, NY Chapter 167 Alcoholic Beverages

[HISTORY: Adopted by the Town Board of the Town of Busti 5-19-1986 by L.L. No. 1-1986 (Art. 46 of the 1989 Code); amended in its entirety 3-6-2001 by L.L. No. 1-2001. Subsequent amendments noted where applicable.]

§ 167-1 Legislative intent.

It is the intent of the Town of Busti, as an exercise of its police power and to promote the general health, safety and welfare of its residents, by enacting this local law, to control the use of open containers containing alcoholic beverages on all public highways (village, Town, county and state) and on or within any and all Town-owned buildings, parks and real property, and to prevent disorder and littering.

§ 167-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section. All other words shall have the meanings normally ascribed to them in regular use.

ALCOHOLIC BEVERAGE

Includes beer, wine, liquor and any and all other alcoholic beverages as defined by the New York Alcoholic Beverage Control Law.

CONTAINER

Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.

INTENT TO CONSUME

Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.[1]

OPEN BOTTLE, CAN OR OTHER CONTAINER

Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.[2]

TOWN-OWNED BUILDINGS, PARKS AND REAL PROPERTY

Shall refer to all buildings, highways, roads, streets, structures, parks and real estate owned by the Town of Busti or any other governmental entity, including state, federal, county, Town or village government.

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

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

§ 167-3 Prohibition.

A. No person shall have in his possession with intent to consume any open container containing an alcoholic beverage on or within the Town-owned buildings, parks and real property of any kind.[1]

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

B. No person shall break, leave or discard any open container on any public highways or Town-owned buildings, parks or real property except in a waste receptacle placed on public land and for the purpose of depositing or discharging therein waste, or in an area designated therefor.

C. No person shall have in his or her possession with intent to consume any open container containing an alcoholic beverage on public highways, whether federal, village, Town, county or state, within the Town of Busti.[2]

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

§ 167-4 Applicability. [1]

This chapter shall apply to all persons on public land in the Town, except as hereinbefore provided, but shall not apply to any person drinking an alcoholic beverage or in the possession of an open container containing an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.

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

§ 167-5 Violation.

A violation of this chapter shall constitute a violation as defined in the Penal Law of the State of New York.

§ 167-6 Penalties for offenses.

A person violating this chapter shall be punishable by imprisonment for 15 days, by a fine not to exceed $250, or both.