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Village of Perry, NY
Wyoming County
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Code
New Laws (5) Index
[HISTORY: Adopted by the Board of Trustees of the Village of Perry as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 320.
Peace and good order — See Ch. 327.
[Adopted 9-10-1979 by L.L. No. 3-1979]
The Village Board of the Village of Perry recognizes that the use of alcoholic beverages within public places and areas in the Village of Perry must be adequately controlled and regulated so as to prevent public disorder, littering and other acts that affect the health, safety and welfare of the residents of the Village of Perry.
As used in this article, the following terms shall have the meaning indicated:
ALCOHOLIC BEVERAGES
Includes beer, wine, liquor and all other alcoholic beverages as more specifically defined by § 3 of the New York State Alcoholic Beverage Control Law.
CONTAINER
Any bottle, glass, cup or similar article containing any alcoholic beverages. For the purpose of this article, a container shall be deemed opened if the bottler's or distiller's original seal has been broken.
INTENT TO CONSUME
Includes any of the following:
[1]
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Any circumstances evidencing an intent to ultimately consume in any public place.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access and includes but is not limited to highways, streets, shopping centers, parking lots, transportation facilities, schools, places of amusement, parks, playgrounds, parking areas, hallways, lobbies and any other places open to or used by the general public. Permitted public places shall be those public places wherein the use and consumption of alcoholic beverages are authorized by a permit or license issued pursuant to the Alcoholic Beverage Control Law.[2]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall carry, transport or have in his possession in any public place, other than permitted public places, with intent to consume, any open, released or partly empty bottle, can, container or similar article containing an alcoholic beverage of any kind or description.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public street, sidewalk, park, parking area or public place of any nature within the Village of Perry.
C. 
No person shall consume any alcoholic beverage in a public place other than a permitted public place as defined under this article.
The foregoing restriction shall not apply in the event of a fair, athletic contest, picnic or other community gathering for which special permission shall be given by the Village Board.
Violations of this article shall constitute a violation as defined in the Penal Law of the State of New York.
The penalties for violation of this article shall be a fine not exceeding $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).