[HISTORY: Adopted by the Town Board of the Town of Woodbury as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-1-1977 by L.L. No. 17-1977]
The Town Board of the Town of Woodbury finds that the transporting of
alcoholic beverages in open containers on any public highway, in public parking
lots or land owned by the Town of Woodbury, except under certain conditions
hereinafter set forth, is detrimental to the health, safety and welfare of
the citizens of the Town of Woodbury, causes unsightly and unsanitary conditions
and creates a nuisance.
A.
It shall be unlawful for any person to have, possess,
carry or transport liquor, wine, beer or other alcoholic beverages in open
containers while such person is on any public highway, in any public parking
lot or on any lands owned by the Town of Woodbury.
B.
As used in this article, a public parking lot is a parking
area for one or more vehicles designed to be used by patrons of any commercial,
industrial, professional or eleemosynary place of business, including but
not limited to such enterprises as may be duly licensed for the sale and consumption
of alcoholic beverages on the premises.
The presence of an open container containing an alcoholic beverage within
a motor vehicle shall be presumptive evidence that said container is in the
possession of all persons occupying said vehicle.
A.
This article shall not apply to any fair, picnic area
or other community gathering for which special permission has been granted
by the Town Board of the Town of Woodbury or the Woodbury Park and Recreation
Commission and/or for which a special license has been issued by the New York
State Alcoholic Beverage Control Board.
B.
Application for the special permission shall be made
in writing and signed by the parties seeking same, which writing shall be
submitted to the Town Board and/or the Park and Recreation Commission not
less than 15 days prior to the date for which the special permission is sought.
The Town Board and/or the Park and Recreation Commission shall grant the special
permission, provided that it determines that it is in the best interests of
the residents of the Town of Woodbury to do so, and further provided that
it determines that the sponsors of the fair, picnic or other community gathering
have taken reasonable steps to protect the health, safety and welfare of the
residents of the Town of Woodbury and to prevent unsightly and unsanitary
conditions and the creation of a nuisance.
[Amended 5-1-1980 by L.L. No. 6-1980]
A violation of this article shall constitute an offense and shall be
punishable as follows: not more than $50 for a first violation; not more than
$75 for a second violation; not more than $100 for the third violation; and
all subsequent violations shall be punishable by a fine not exceeding $250.
