Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted Port Chester Village Board 5-19-1983 as L.L. No. 7-1983. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
INTENT TO CONSUME
Drinking, attempting to drink or giving the appearance thereof.
OPEN BOTTLE OR CONTAINER
A bottle or container without a top or other cover.
No person shall have in his possession with intent to consume the same any open bottle or container containing liquor, beer, wine or other alcoholic beverages while such person is on any public highway, public street, public sidewalks, public parking area or in any vehicle, public park or public place except those premises duly licensed for sale and consumption of alcoholic beverages on the premises.
The Board of Trustees for good cause shown may permit the drinking of beer at public parks for picnics, by resolution which shall set forth the hours within which said picnics can be held at said parks.
An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession of all occupants thereof, provided that as to each such person, so charged, an intent to consume the same is shown.
[Amended 1-29-1992 by L.L. No. 4, 1992; 7-2-2003 by L.L. No. 5-2003]
A violation of this chapter shall constitute an offense punishable by a fine not exceeding $75 or by imprisonment for up to 10 days or both such fine and imprisonment, for the first offense, and by a fine not exceeding $250 or by imprisonment for up to 15 days for a second or subsequent offense committed in an eighteen-month period.