[HISTORY: Adopted by the Council of the City of Beacon 3-16-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the safety, health and well-being of the people of the City of Beacon and their property and to regulate the conduct of persons in the City of Beacon by prohibiting the consumption of alcoholic beverages in public places and on property owned or leased by another person without the invitation or consent of such person.
The City Council of the City of Beacon finds that the possession or consumption of alcoholic beverages in public streets and public places, except under certain conditions, is detrimental to the health, safety and welfare of the residents of the City of Beacon, causes unsightly and unsanitary conditions, creates a nuisance and interferes with the peace and good order of said City. It is further the intent of the City Council that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
The City Council further finds that the possession or consumption of alcoholic beverages on public streets and public places is a serious, substantial and significant cause of persons (especially persons who are under the legal age for alcoholic consumption) becoming unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive and of a general character detrimental to the health, welfare and peaceful orderliness of the community. In addition, the allowance of possession or consumption of alcoholic beverages on public streets and public places has been proven to be a significant and substantial cause in the congregation of persons who, in turn, significantly and substantially cause and promote unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive and generally detrimental behavior.
The City Council further finds that there is a significant relationship between the possession of an open or unsealed container of an alcoholic beverage on public streets or places and the general health, welfare and safety of the public and that it has been demonstrated to this City Council that the allowance of open or unsealed containers of alcoholic beverages is the most significant and substantial factor contributing to the consumption of such alcoholic beverages.
The City Council further finds that this chapter is necessary and proper to promote the health, welfare and safety of the general public and that the restrictions on conduct created by this chapter are not unduly harsh or restrictive and are necessary and proper pursuant to the police power of the City of Beacon.
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular number include the plural, and words in the masculine include the feminine. All words not defined herein shall have the meanings ascribed to them in regular usage.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- The City of Beacon.
- MOTOR VEHICLE
- Every vehicle, including a snowmobile, which is or can be operated or driven upon a public highway and which is propelled by any power other than muscular power, other than a public omnibus used in the business of transporting passengers for hire.
- OPEN CONTAINER
- Any open, resealed, unsealed or partially refilled container, can or bottle containing an alcoholic beverage.
- PUBLIC PLACE
- A place in the City of Beacon to which the public or a substantial group of persons has access, and includes but is not limited to highways, sidewalks, parking areas, parks, playgrounds, shopping centers, schoolyards and hospital grounds.
No person shall drink an alcoholic beverage or have in his possession any open bottle, can or other container of alcoholic beverage with the intent to consume such alcoholic beverage while such person is in a public place or on property owned or leased by another person without the invitation or consent of such person.
No person shall drink an alcoholic beverage or have in his possession any open bottle, can or container of alcoholic beverage, with the intent to consume such alcoholic beverage, while such person is the operator of or occupant or passenger in or on a motor vehicle which is parked, standing or being operated in a public place or on the property owned or leased by another without the invitation or consent of such person.
Any facility or establishment licensed to serve or dispense alcoholic beverages by the State Liquor Authority or other authority pursuant to the Alcoholic Beverage Control Law of the State of New York is exempt from this chapter.
This chapter shall not apply to the consumption or possession of alcoholic beverages in the City of Beacon for which special written consent is first obtained from the Chief of Police of the City, which consent shall be granted only if the public safety and welfare will not thereby be adversely affected.
The above prohibitions shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the City.
A violation of this chapter shall be an offense punishable by a penalty as provided for in § 1-3, General penalty.