[HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987
as § 65.49 of the 1987 Code. Amendments noted where applicable.]
It is the intent of the City of Lackawanna as an exercise of its police
power to promote the general health, safety and welfare of the residents of
the City of Lackawanna by enacting this section, since it is the finding of
the Council that the possession of open containers of alcoholic beverages
by persons on public lands, except under controlled conditions, is detrimental
to the health, safety and welfare of the residents of the City of Lackawanna
in that such possession contributes to the development of unsanitary conditions
and the creation of nuisances. It is further the intent of the Council that
this section not be considered as a traffic regulation insofar as it relates
to motor vehicles or the operation thereof.
For the purpose of this chapter, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage.
Includes alcohol, liquor, wine, beer, hard cider and every liquid,
patented or not, containing alcohol, wine or beer and capable of being consumed
by a human being.
Includes any bottle, can, glass or other receptacle suitable for
or used to hold any liquid.
Includes any highway, street, sidewalk, park, minipark, playground,
school ground, public parking lot or other public land.
No person shall have in his or her possession any open container containing
an alcoholic beverage on any public lands within the City of Lackawanna with
the intent of the possessor or another to consume same on such public lands.
The possession of an open container unwrapped or with the top exposed
on any public lands shall be presumptive evidence that the contents of such
open container is intended to be consumed thereon.
The foregoing prohibition shall not apply in the event of a fair, picnic
or other community gathering for which special permission has been granted
by the City of Lackawanna where consumption of alcoholic beverages shall be
permitted during those hours when such function is open to the public.
This section shall apply to all persons on public lands in the City
except as hereinbefore provided, but shall not apply to any person drinking
an alcoholic beverage while operating a motor vehicle upon any public highway
within the City in violation of § 1227 of the Vehicle and Traffic
Law of the State of New York.
Any person or persons, association or corporation committing an offense
against this section or any provision thereof is guilty of a violation and
punishable as follows:
A.
First offenders shall be punishable by a fine of not
less than $50 nor more than $250 or imprisonment for a period not exceeding
15 days for each such offense, or by both such fine and imprisonment.
B.
Repeat offenders shall be punished by a fine of not less
than $100 nor more than $250 or imprisonment for a period not exceeding 15
days for each such offense, or by both such fine and imprisonment.
