[HISTORY: Adopted by the Town Board of the Town of Crawford 8-9-1984 by L.L. No. 4-1984.[1] Amendments noted where applicable.]
[1]
Editor's Note: An historical note to this chapter stated that it was derived from L.L. No. 10-1977 and that it had been substantially changed to conform to the Court of Appeals decision in People v. Lee, 58 NY2d 491. People v. Lee is also reported in 462 NYS2d 417 and in 448 NE2d 1328.
A. 
The Town Board finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems, as well as the littering of such public places, and is disturbing to the public and threatens peace and good order.
B. 
The purpose of this chapter is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places and to protect the public health, safety and welfare and to promote the public good.
A. 
Prohibited. No person shall, within the Town of Crawford, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public sidewalk, street, highway, parking lot, bathing beach, public park or such other public place as defined by § 240.00 of the Penal Law of the State of New York or on private property without invitation or permission of the owner or occupant of such property.
B. 
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Crawford, any open bottle or open container containing liquor, wine, beer or other alcoholic beverages with the intent of the possessor or another to consume the contents of same in any of the public places described in Subsection A of this section.
C. 
Presumptions.
(1) 
The possession of an open bottle or open container unwrapped or with the top exposed in a public place, as herein defined, shall be presumptive evidence that the contents of such open bottle or open container are intended to be consumed in a public place.
(2) 
An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, bathing beach, public park or other public place, as defined by § 240.00 of the Penal Law of the State of New York, shall be presumptive evidence that the same is in the possession of all the occupants thereof.
The provisions of this chapter shall not apply to any public place when a special permit is obtained from the Town Board.
Any person violating any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.