[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:
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.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
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]
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.
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.
[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]
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.
