[HISTORY: Adopted by the Town Board of the
Town of Warwick 6-27-1996 by L.L. No. 1-1996. Amendments noted where
applicable.]
The Town Board of the Town of Warwick hereby
declares its intent to prevent such conduct that contributes to the
development of unsanitary conditions and the creation of nuisances,
including but not limited to littering and raucous or other disorderly
behavior. It is further the intent of the Town Board that this chapter
not be considered as a traffic regulation, insofar as it relates to
motor vehicles or the operation thereof.
This chapter shall be known as the "Public Safety
Law of the Town of Warwick."
For the purpose of this chapter, the following
terms shall have the meanings ascribed to them. All of the words shall
have the meanings normally ascribed to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
Includes both plant-form marihuana, as well as the oil or
separated resin of the cannabis plant, whether purified or raw, or
any mixture or preparation containing Tetrahydrocannabinols (THC)
of 0.03% or more.
[Added 9-9-2021 by L.L. No. 3-2021]
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park or playground.
The Town of Warwick.
[Amended 9-9-2021 by L.L. No. 3-2021]
It shall be a violation of this chapter for
any person to:
A.
Consume any alcoholic beverage or smoke, including cannabis, on any
public lands within the Town of Warwick;
B.
Have in his possession any open container containing any alcoholic
beverage or consumable cannabis on any public lands within the Town;
C.
Have within his possession, for the purpose of consumption on public
lands, by either himself or another person, any open container containing
an alcoholic beverage or consumable cannabis on any public lands within
the Town;
D.
Congregate with others upon any public lands within the Town of Warwick;
E.
Remain in doorways or stairways adjacent to any public lands within
the Town of Warwick or loiter about such public places; or
F.
Refuse to move on when ordered to do so by a police officer or move
on and congregate or loiter in another area or return to the same
area.
[Amended 9-9-2021 by L.L. No. 3-2021]
The foregoing prohibitions shall not apply:
A.
Within the geographical and time limits of a fair,
picnic or any other community gathering for which special permission
has been granted by the Town; or
B.
To the transportation of an unsealed, but not opened,
container across public lands of the Town, from one point to another,
with no intent to consume the contents of such opened containers,
for those who can legally possess such beverage, pursuant to § 65-c
of the Alcoholic and Beverage Control Law and § 131 of the
Marijuana Regulation and Taxation Act of the State of New York, while
on public lands.
[Amended 9-9-2021 by L.L. No. 3-2021]
This chapter shall apply to all persons on the public lands in the Town, except as provided for in § 116-5 above, and shall not apply to any person drinking an alcoholic beverage or consuming cannabis while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Laws of the State of New York.
Any person violating any of the provisions of
this chapter shall be guilty of a violation as a disorderly person,
punishable by a fine not less than $25 nor more than $250 or by imprisonment
of not less than one day no more than 15 days, or a combination of
a fine and imprisonment.
