[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-9-1979 by L.L. No. 4-1979]
It is the intent of the Village of Waverly as
an exercise of its police power to promote the general health, safety
and welfare of the residents of the Village by enacting this article
since it is the finding of the Board of Trustees that the consumption
of alcoholic beverages and/or the possession of open containers of
alcoholic beverages by persons on public premises, except under controlled
conditions, is detrimental to the health, safety and welfare of the
residents of the Village and contributes to the development of unsanitary
conditions and the creation of nuisances. It is further the intent
of the Board of Trustees of the Village of Waverly that this article
not be considered as a traffic regulation insofar as it relates to
motor vehicles or the operation thereof.
[Amended 6-14-1988 by L.L. No. 1-1988]
No person shall have, possess, carry or transport
with the intent to consume any liquor, wine, beer or other alcoholic
beverage in an open bottle or other open container in or upon any
public sidewalk, street, lane, highway, building, parking lot, park
or recreation area, or other public property, or in any vehicle upon
such area, within the Village of Waverly. No person shall drink or
otherwise consume any liquor, wine, beer or other alcoholic beverage
in or upon any of the aforesaid public areas or property within the
Village of Waverly.
A.
If any individual or organization desires to have,
distribute or consume alcoholic beverages on public property in the
Village of Waverly, said individual or organization must apply to
the Chief of Police and the Police Commissioner of the Village or
their duly authorized representatives for a permit therefor at least
three days prior to the date scheduled for using such beverages. No
fee shall be charged for the granting of said permit.
B.
A permit shall be issued only upon the following conditions:
(1)
Such individual or organization by its duly authorized
officer must agree, in writing, to assume full responsibility for
supervising the conduct of the group or individuals benefiting from
such permit and to properly clean up and restore the premises, after
use, to their prior condition.
(2)
Such individual or organization must further agree,
in writing, that adequate precautions shall be taken to ensure that
minors will not be served or allowed to consume alcoholic beverages
at the permitted event or gathering.
(3)
No alcoholic beverages shall be distributed or consumed
other than on the specific premises described in the permit and only
during the time stated therein.
(4)
No permit shall be issued to any individual or organization
which has previously been issued a permit and has failed to comply
with the provisions hereof.
No person shall discard alcoholic or other beverage
containers upon any public sidewalk, street, lane, highway, parking
lot, park or recreation area, or other public property within the
Village of Waverly, without express permission of the Village.
[Amended 9-23-2008 by L.L. No. 1-2008]
A.
The violation of any of the provisions of this article
shall be punishable by:
(1)
First offense: up to $250 and/or up to 15 days in
jail.
(2)
Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3)
Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4)
Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
B.
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article a subsequent conviction will be subject
to a first offense fine.
