[HISTORY: Adopted by the Town Board of the
Town of Chili as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-7-1981 by L.L. No. 5-1981 (Ch.
29, Art. I, of the 1980 Code)]
[Amended 12-3-2008 by L.L. No. 4-2008]
The Town of Chili by and through its Town Board
and pursuant to the authority vested in the Board by the New York
State Municipal Home Rule Law and other statutes hereby enacts this
article for the purpose of restricting the uncontrolled consumption
and drinking of beer and other alcoholic beverages in public areas
and prohibiting the possession of any open bottle or container containing
beer and other alcoholic beverages in public areas within the Town
limits of the Town of Chili. It is the intent of the Town Board that
this article shall not be considered as a traffic regulation insofar
as it relates to motor vehicles or to the operation thereof.
The Town Board of the Town of Chili finds that
the uncontrolled consumption and drinking of beer and other alcoholic
beverages in public areas is detrimental to the good order, protection,
health, safety and well-being of its residents and tends to create
unsightly and unsanitary conditions and creates a nuisance.
[Added 12-3-2008 by L.L. No. 4-2008]
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.
A container with the contents exposed to the atmosphere or
the seal thereof broken.
[Amended 12-3-2008 by L.L. No. 4-2008]
No person shall have in his possession, with
the intent to consume the same, any open bottle or container containing
liquor, beer, wine or other alcoholic beverages while such person
is on any sidewalk, public highway, public street, public parking
area, and, in addition to the foregoing areas, "public place" shall
also mean a place to which the public or a substantial group of persons
has access and includes, but is not limited to, highways, transportation
facilities, schools, places of amusement, parks, playgrounds, shopping
centers and hallways, lobbies and other portions of apartment houses
and hotels not constituting rooms or apartments designed for actual
residence, except those premises duly licensed for the sale and consumption
of alcoholic beverages on the premises. Regulation of the possession
and/or consumption of alcoholic beverages in vehicles upon the public
highways or rights-of-way of public highways is regulated by Vehicle
and Traffic Law § 1227.
Any open bottle or open container in any vehicle
shall be presumptive evidence that the same is in the possession of
all the occupants thereof and in violation hereof.
[Amended 6-14-2023 by L.L. No. 2-2023]
A violation of this article shall constitute
an offense, and the person violating this article shall be subject
to a fine not to exceed $250.
This article shall be enforced by the Monroe
County Sheriff's Department and the New York State Police.
