[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 8-13-2007
by L.L. No. 22-2007. Amendments noted where applicable.]
The title of this chapter shall be "Consumption of Alcoholic Beverages."
The Board of Trustees hereby finds that the consumption of all forms
of alcoholic beverages upon the public streets and ways within the Village
by operators and passengers of and in motor vehicles, motorcycles and motor-driven
cycles and by pedestrians has increased alarmingly, with the result that the
use of such streets and ways by others has been endangered and such streets
and ways and adjacent private properties have become littered with bottles,
cans and other containers used for alcoholic beverages. It is further found
that the preservation and protection of the public streets and ways, the preservation
of peace and good order and the protection of the property, safety and health
of the inhabitants of the Village and the users of such streets and ways require
that the consumption of all forms of alcoholic beverages upon the public streets
and ways in the Village be prohibited. This chapter has no application to
the manufacture, sale or distribution of alcoholic beverages.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed by a human being.
Any public highway, parking lot or parking area of a shopping center
as said terms are defined in the Vehicle and Traffic Law of the State of New
York.
Any park, playground, sidewalk, building, beach or transportation facility
which conforms to the definition of "public place" as enumerated in § 240.00,
Subdivision 1, of the Penal Law of the State of New York. In no case shall
this subsection be construed as including property containing single-family
or two-family residences when utilized by the lawful occupants and their invitees
or guests.
All or any part(s) of the premises of a public or private school as
is designated in a resolution adopted by its governing body. To be effective
under this definition, such a resolution shall refer specifically to this
definition and its effective date of adoption. Said governing body shall submit
to the Village a certified copy of the resolution and also the cost of publishing
its full text once in the Village's official newspaper. The designated premises
shall not be deemed a public place under this definition until 10 days after
publication of the text. Any such designation of a public place under this
definition may be revoked by a similarly executed, filed and published resolution,
the revocation to be effective one day after publication.
No person shall consume, ingest or take internally any alcoholic beverage
or have in his possession an open container containing any amount of such
beverage with an intent to consume, ingest or take internally the same in
a public place within the Village of Sagaponack except upon premises where
such consumption has been licensed by the State Liquor Authority or by permission
of the Board of Trustees.
No person shall urinate in any public place or in public view within
the Village of Sagaponack.
Any person violating this chapter shall be subject to a penalty not
exceeding $1,000 or imprisonment for a term not to exceed 15 days, or both.
