[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
3-14-1989 as Ch. 38 of the 1989 Code. Amendments noted where applicable.]
The Board of Trustees of the Village of Pittsford finds that the consumption
of beer and other alcoholic beverages in public places is detrimental to the
health, safety and welfare of its residents, causes unsightly and unsanitary
conditions and creates a nuisance.
As used in this chapter, the following terms shall have the meanings
indicated:
Any spirits, wine, beer or other liquid containing more than 1/2
of 1% of alcohol by volume, which is fit for beverage purposes or intended
for beverages purposes.
No person shall have in his possession with the intent to consume any
open bottles or containers containing alcoholic beverages in or upon any public
sidewalk, street, lane, highway, building, parking lot, park or recreation
area or other public property or in any vehicle upon such area or upon any
private property not owned by the person without the express permission of
the owner or other person having authority to grant such permission within
the Village of Pittsford.
No person shall consume any alcoholic beverage in or upon any public
sidewalk, street, lane, highway, building, parking lot, park or recreation
area or other public property or in any vehicle upon such area or upon any
private property not owned by the person without the express permission of
the owner or other person having authority to grant such permission within
the Village of Pittsford.
No person shall discard alcoholic or other beverage containers upon
any sidewalk, street, land, highway, parking lot, park or recreation area
or other public property or upon any private property not owned by the person
without the express permission of the owner or other person having authority
to grant such permission within the Village of Pittsford.
No person, firm or corporation licensed to sell alcoholic beverages,
or his employees or agents, shall permit any person to remove from such premises
any alcoholic beverages in any open container. Further, all such premises
licensed for the sale of alcoholic beverages shall post a notice at each exit
stating "NO BEER, LIQUOR OR WINE MAY BE CARRIED IN AN OPEN CONTAINER OUT OF
THIS BUILDING."
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in or the pendency of a civil action of law or in equity shall
be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
