[HISTORY: Adopted by the Town Board of the Town of Tully 9-9-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
Adult uses — See Ch. 85.
The purpose of this chapter is to protect and promote the safety, health and well-being of the people of the Town of Tully and their property and to regulate the conduct of persons in the Town of Tully 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 Town Board of the Town of Tully 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 Town of Tully, causes unsightly and unsanitary conditions, creates a nuisance and interferes with the peace and good order of said Town.
The Town Board 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 Town Board 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 Town Board 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 Town Board 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 Town of Tully.
For the purposes of this chapter, the following words, phrases and terms and their derivations shall have the meanings given herein. 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.
- 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.
- 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.
- PUBLIC PLACE
- A place in the Town of Tully 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, school yards 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 any person in violation of the Vehicle and Traffic Law § 1227, as amended.
Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine not exceeding $250 or confinement to a maximum term of imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.