[HISTORY: Adopted by the Town Board of the
Town of Shandaken 6-24-70 as L.L.
No. 4-1970. Sections 56-1, 56-2, 56-4 and 56-5 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
It is hereby declared that the consumption and
possession of alcoholic beverages in public places is a matter of
the public interest and that the regulation thereof by the provisions
hereinafter prescribed is necessary in the promotion of the public
welfare as a matter of legislative determination.
A.
Prohibited. No person shall, within the Town of Shandaken,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway,
parking lot, bathing beach, public park or such other place as defined
by § 240.00 of the Penal Law of the State of New York, or
on private property without invitation or permission of the owner
or occupant of such property.
B.
Possession of open containers. No person shall carry or have in his or her possession within the Town of Shandaken any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container
unwrapped or with the top exposed in a public place, as herein defined,
shall be presumptive evidence that such open bottle or open container
is intended to be consumed in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing
beach, public park or other public place as defined by § 240.00
of the Penal Law of the State of New York shall be presumptive evience
that the same is in the possession of all the occupants thereof.
No person shall consume liquor, beer, wine or
other alcoholic beverage while such person is on any public highway,
public street, public parking area or in any vehicle or public place,
excepting those premises duly licensed for sale and consumption of
alcoholic beverages on the premises whatsoever in said town, except
as hereinafter provided.
Any person may apply to the Town Clerk, on his
own behalf or in behalf of an organization, for a permit to use and
consume the alcoholic beverages described herein on town property,
and the issuance of such permit by the Town Clerk and its possession
shall be presumptive evidence of authorization and compliance with
this chapter, provided that no sale of alcoholic beverages is allowed
on town-owned or -leased property.
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense.
