[HISTORY: Adopted by the Council of the City of Watervliet 6-1-1972 as Ord. No. 1137 (§ 14-5 of Ch. 14 of the Code of Ordinances of 1972). Amendments noted where applicable.]
It is the intent of the City of Watervliet, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the city by enacting this chapter since it is the finding of the City Council that the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the city in that such possession contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the City Council of the City of Watervliet that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purposes of this chapter, the following shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGES
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- The City of Watervliet.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park or playground.
No person shall have in his possession any open container containing an alcoholic beverage with the intent of the possessor or another to consume said beverage on any public land within the city.
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.
This chapter shall apply to all persons on public lands in the city, except as provided in § 102-3B above, and 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.