[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 11-9-1976 by L.L. No. 2-1976 (Ch. 59 of the 1992
Code). Amendments noted where applicable.]
The Village of Brewster recognizes that possession
of open containers of alcoholic beverages in public places must be
adequately controlled so as to prevent public disorder, nuisances,
littering and other acts and conditions detrimental to the health,
safety and welfare of the residents of the Village, and this chapter
is intended to provide such control and regulation.
As used herein, the following words shall have
the meanings below set forth:
All such beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
Any highway, street, sidewalk, park, playground or any other
place to which the public or a substantial group of persons has access,
but excluding those public places wherein the use and consumption
of alcoholic beverages is authorized pursuant to a license or permit
issued under the Alcoholic Beverage Control Law.
The Incorporated Village of Brewster, New York, as its boundaries
now are or may hereafter become fixed and determined.
[Amended 5-25-1983 by L.L. No. 2-1983]
No person shall have in his or her possession
in any public place within the Village any open, unsealed or partially
empty container containing an alcoholic beverage with the intent of
the possessor or another to consume such alcoholic beverage in one
of the proscribed public places.
The foregoing prohibition shall not apply in
the event of a fair, picnic or other community gathering for the conduct
of which special permission has been granted by the Village.
Any open, resealed or partially empty container
containing an alcoholic beverage found in any parked or standing vehicle
shall be presumptive evidence that the same is in the possession of
all occupants of said vehicle; provided, however, that the provisions
of this chapter shall not apply to any person drinking an alcoholic
beverage while operating a motor vehicle upon a public highway in
violation of § 1227 of the Vehicle and Traffic Law of the
State of New York.
[Amended 5-20-1992 by L.L. No. 1-1992]
Any person committing an offense against any
of the provisions of this chapter shall be guilty of a violation and,
upon conviction thereof, shall be punishable for each offense by a
penalty of not more than $250 or by imprisonment for not more than
15 days, or both.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
