Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and parks — See Ch. 91.
[Adopted 12-15-1978 by Ord. No. 46; amended in its entirety 11-25-1986 by L.L. No. 6-1986]

§ 82-1 Findings; legislative intent.

The Town Board finds that the consumption of all forms of alcoholic beverages upon the public streets and ways and in all other public places in the Town of East Hampton, outside of the incorporated villages therein, by operators and occupants of motor vehicles, motorcycles, motor-driven cycles and bicycles, as well as by pedestrians, constitutes a nuisance and a hazard to the health and safety of the citizens of the community. Such consumption endangers all persons using such public streets, ways and places and causes the littering of such areas and adjacent private properties with bottles, cans and other containers. It is further found that the preservation and protection of peace and good order and the protection of the property, health and safety of the inhabitants of the Town and of the users of all public places therein require that the unauthorized consumption of all alcoholic beverages in such public places be prohibited.

§ 82-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing any alcohol, spirits or other similar intoxicant and capable of being consumed by a human being.
ALCOHOLIC BEVERAGE CONTAINER
Any bottle, can, glass or receptacle designed or actually used to hold any alcoholic beverage as defined herein.
A. 
Any place, other than the premises of a public or private school, which is of the sort defined by § 240.00 of the New York State Penal Law as a public place. This definition shall include any public building and shall include also, but not be limited to, any highway, street, avenue, alley, accessway, sidewalk, parking area, parking lot, place of amusement, park, playground, parade ground, green, shopping center or transportation facility in the Town, whether the same is publicly or privately owned, and whether such premises is vacant or improved. This definition shall not include any property containing only one or more single-family or two-family residences, any firehouse, any beach not posted by the Town as a place where alcoholic consumption is prohibited, nor any boat. For the purpose of this article, a person who is on or in a motor vehicle, motorcycle, motor-driven cycle, bicycle or other similar transportation conveyance located within any public place shall be deemed to be within said "public place."
B. 
All or any part(s) of the premises of a public or private school, including buildings and/or grounds, as is designated in a formal resolution adopted by the school's governing body. To be effective under this definition, such a resolution shall refer with specificity to the premises which are being so designated and shall also refer to this definition and its effective date of adoption. Said governing body shall submit a copy of such resolution to the East Hampton Town Police and shall also submit a certified copy of the resolution to the Town Clerk, together with the cost of publishing the resolution's full text once in the Town's official newspaper. The premises so designated shall not be deemed to be a "public place" for the purposes hereof until 10 days after such publication has occurred. Any such designation of a "public place" hereunder may be revoked or amended by a similarly executed, filed and published resolution, such revocation or modification to be effective one day after publication.
[1]
Editor's Note: This local law also amended the title of this chapter and the title of Art. I.

§ 82-3 Consumption and possession restricted.

No person shall consume, ingest or take internally any alcoholic beverage, nor have in his possession any alcoholic beverage container which has been opened for the purpose of consuming the contents thereof, in a public place within the Town of East Hampton, outside of the incorporated villages, except upon premises where alcoholic consumption has been licensed by the State Liquor Authority or been authorized by the Town Board.

§ 82-4 Unlawful possession of an alcoholic beverage on any Town-owned beach, parkland or other Town-owned property with the intent to consume by persons under the age of 21 years.

[Added 7-7-2007 by L.L. No. 29-2007]
A. 
Except as hereinafter provided, no person under the age of 21 years shall possess any alcoholic beverage on any Town-owned beach or parkland, as defined in Chapter 91 ("Beaches and Parks"), or other Town-owned property, with the intent to consume such beverage.
B. 
A person under the age of 21 years may possess any alcoholic beverage on any Town-owned beach, parkland or other Town-owned property with intent to consume if the alcoholic beverage is given:
(1) 
To a person who is a student in a curriculum licensed or registered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum; or
(2) 
To the person under 21 years of age by that person's parent or guardian.
C. 
Any person who unlawfully possesses an alcoholic beverage on any Town-owned beach, parkland or other Town-owned property with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in Subdivision 33 of § 1.20 of the Criminal Procedure Law or a police officer as defined in Subdivision 34 of § 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding $50 and/or completion of an alcohol awareness program established pursuant to § 19.25 of the Mental Hygiene Law and/or an appropriate amount of community service not to exceed 30 hours.
D. 
No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority, and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
E. 
Whenever a peace officer as defined in Subdivision 33 of § 1.20 of the Criminal Procedure Law or police officer as defined in Subdivision 34 of § 1.20 of the Criminal Procedure Law shall observe a person under 21 years of age openly in possession of an alcoholic beverage, as defined in this chapter, on any Town-owned beach, parkland or other Town-owned property, with the intent to consume such beverage in violation of this section, said officer may seize the beverage, and shall deliver it to the custody of his or her department.
F. 
Any alcoholic beverage seized in violation of this section is hereby declared a nuisance. The official to whom the beverage has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days' notice to the official or department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of that beverage. The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.

§ 82-5 Alcohol-restricted beach areas.

[Added 7-17-2014 by L.L. No. 28-2014[1]; amended 3-3-2016 by L.L. No. 7-2016]
A. 
No person shall possess, consume, ingest, or take internally any alcoholic beverage, nor have in his possession any alcoholic beverage container which has been opened for the purpose of consuming the contents thereof during the hours of lifeguard protection, within 1,000 feet of the road endings located at Indian Wells and Atlantic Avenue beaches.
[1]
Editor's Note: Section 5, Effective date, of this local law stated that it would terminate on 9-30-2014. Local Law No. 10-2015, adopted 5-7-2015, extended the restriction on alcohol at Indian Wells Beach until 9-30-2015.

§ 82-6 Public urination prohibited.

[Added 7-7-2007 by L.L. No. 29-2007]
No person shall urinate in any public place or in public view, other than in a urinal or toilet, within the Town of East Hampton, outside incorporated villages.

§ 82-7 (Reserved)

§ 82-8 (Reserved)

§ 82-9 (Reserved)

§ 82-10 Penalties for offenses.

[Amended 7-7-2007 by L.L. No. 29-2007]
Any person violating this article shall be subject to a penalty not to exceed $250 or imprisonment not to exceed 15 days, or both, for each offense.