City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Port Jervis as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 398.
[Adopted 4-23-1979 (Ch. 117, Art. II of the 1981 Code)]
As used in this article, the following terms shall have the meaning indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine or beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
INTENT TO CONSUME
Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall have in his or her possession with intent to consume any open or unsealed bottle or container containing liquor, beer, wine, spirits or any other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area, public park or recreation area, public alley or in any public place or in or on any vehicle in any public place or area as aforesaid excepting those premises and locations licensed for the sale of and consumption of alcoholic beverages in the City of Port Jervis, New York.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The possession with intent to consume of open and unsealed containers of alcoholic beverages by persons on any public highway, street, parking lot, sidewalk or area as aforesaid in the City of Port Jervis is hereby deemed to constitute a hazard and nuisance to the health, safety and welfare of the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 4-14-1980 by L.L. No. 2-1980[1]]
The terms and provisions, including the penalties, set forth in this article the Code of the City of Port Jervis, New York, commonly known as the "Open Container Ordinance," are hereby extended to cover the property and improvements of the Port Jervis City School District located within the City of Port Jervis. The enactment of this section and the provisions contained in the same shall in no way obligate the City of Port Jervis, New York, its employees, representatives, officers or agents to otherwise maintain, regulate, operate, repair, construct, reconstruct or in any other manner be responsible for any property and improvements of the Port Jervis City School District.
[1]
Editor's Note: The following is the preamble of the local law which adopted the provisions of this section:
"WHEREAS, it has been determined, by the Common Council of the City of Port Jervis, New York, that it would be in the best interests and to the benefit of the health, safety and general welfare of the citizens of the City of Port Jervis, New York, to extend the terms and provisions of Section 18-28 of the Code of Ordinances of the City of Port Jervis, commonly known as "Open Container Ordinance" to Port Jervis City School District property located within the City of Port Jervis, and
"WHEREAS, the extension of said terms and provisions of said ordinance is properly within the general police power of the City and a proper exercise of said power as it is set forth in the General City Law of the State of New York, and elsewhere."
[Amended 9-28-1981 by L.L. No. 4-1981]
Any person committing an offense against any provision of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
In the case of special events and celebrations, the Common Council may waive the prohibitions and enforcement of this article for a specific date, time, place and event.