[HISTORY: Adopted by the Town Board of the
Town of Babylon 9-7-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and recreational areas — See Ch. 81.
[1]
Editor's Note: This ordinance also repealed
former Ch. 74, Alcoholic Beverages, adopted 12-9-1969, as amended.
The Town Board of the Town of Babylon hereby
declares and finds it to be in the public interest to provide for
the regulation of certain conduct in public places within the Town
of Babylon by prohibiting the possession of open containers of alcoholic
beverages by persons on public premises except as permitted herein.
The Town Board finds that possession of an open container of an alcoholic
beverage in a public place within the town has led to consumption
of the same, resulting in public intoxication, disorderly conduct,
disturbance of the public peace, littering of the public places and
destruction of property. The Town Board finds further than preservation
of the public weal 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 an alcoholic beverage 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.
The following terms used in this chapter shall
have the following meanings, unless the context requires or indicates
a different meaning:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits
or beer and capable of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
Any highway, street, sidewalk, park, recreation area or town
building or any other property owned, operated or maintained by the
town or other municipality within the town.
The Town of Babylon.
[Amended 1-21-2009 by L.L. No. 1-2009]
It shall be a violation of this chapter for
any person to:
A.
This chapter shall not apply to individuals or organizations
desiring to distribute or consume alcoholic beverages in public places,
provided that written permission is obtained in advance from the Town
Board of the Town of Babylon. Such permission may be conditioned upon
such terms as the Town Board in its discretion may impose.
B.
Section 74-3 shall not be applicable to the Town beaches where consumption of alcoholic beverages or liquor is regulated and controlled by the Town Board. Consumption of alcoholic beverages or liquor in those instances is subject to the restrictions and conditions that the Town Board in its discretion may impose.
[Amended 1-21-2009 by L.L. No. 1-2009; 4-27-2022 by L.L. No. 10-2022]
Any person found guilty of violating this chapter
shall be guilty of a Class B misdemeanor, and upon conviction thereof,
a fine of not less than $250 nor more than $1,000 must be imposed
or a term of imprisonment for a period not to exceed 90 days may be
imposed, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, the person shall be guilty of a Class B misdemeanor,
and upon conviction, a fine of not less than $1,000 nor more than
$2,500 must be imposed or a term of imprisonment for a period not
to exceed 90 days may be imposed, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, the person shall be guilty of a Class B misdemeanor
and a fine not less than $2,500 nor more than $5,000 must be imposed
or a term of imprisonment for a period not to exceed 90 days may be
imposed, or both. Any person found by the Bureau of Administrative
Adjudication to have violated this chapter shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
herein for a first offense and subsequent offenses.
