[HISTORY: Adopted by the Board of Trustees
of the Village of Hudson Falls 8-18-1986 as Ch. 19 of the 1968 Code; amended
in its entirety 7-14-2014 by L.L. No. 4-2014. Subsequent amendments
noted where applicable.]
As an exercise of its police power in order to promote the general
health, safety and welfare of the residents of the Village, the Village
Board of Trustees finds the unrestricted consumption of alcoholic
beverages in certain public places often leads to many public order
offenses and related problems as well as the littering of such public
places and the development of unsanitary conditions, all of which
are disturbing to the public and threaten the peace, good order and
quality of life in the Village. Accordingly, it is the legislative
intent of this chapter to prohibit the consumption of alcoholic beverages
in certain public places in order to prevent disorderly behavior,
the development of unsanitary conditions and the littering of public
places, and to otherwise protect the public health, safety and welfare
of the residents of the Village of Hudson Falls, and to promote the
public good therein.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them. All other 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.
Any bottle, can, glass or other receptacle suitable for holding,
or used to hold, any liquid, which has a seal that has been previously
broken, or a cap, top, cork or other closure device that has otherwise
been previously separated from the receptacle, or is otherwise considered
"open."
Any place or location open to the public, including but not
limited to any street, highway, road, alley, sidewalk, parking area,
shopping area, school grounds, playground or public park located within
the Village of Hudson Falls. Public place shall also include the interior
of any motor vehicle which is on any highway, street, road, parking
area, shopping area, school grounds, playground or public park within
the Village of Hudson Falls. The definition of a public place shall
not include those premises duly licensed for the sale and consumption
of alcoholic beverages on said premises, and shall not include private
property restricted to private use.
A.
No person shall, within the Village of Hudson Falls, drink or otherwise
consume liquor, wine, beer or other alcoholic beverages while said
person is in or upon any public place as defined herein.
B.
No person shall carry or have in his and/or her possession within
or upon any public place in the Village of Hudson Falls any open container
containing liquor, wine, beer or other alcoholic beverage with the
intent of the possessor or another to consume the same in any public
place defined herein.
C.
Possession of an open container containing an alcoholic beverage
by any person in a public place shall create a rebuttable presumption
that such person did intend to consume the contents thereof in said
public place in violation of this chapter.
D.
An open container in any vehicle shall be presumptive evidence that
the same is in possession of all occupants thereof and in violation
hereof.
E.
For the purposes of this chapter, any container labeled as a container
of an alcoholic beverage, such as a can of beer or a bottle of wine,
shall be presumed to contain at least some amount of the alcoholic
beverage described on said label.
F.
For the purposes of this chapter, all beer and all wine, regardless
of the percentage of alcoholic content, shall be presumed to be alcoholic
beverages.
The following acts and activities are deemed exempt and not
subject to this chapter:
A.
The consumption of any medicine containing alcohol under circumstances
evincing an intent to treat or remedy a medical condition.
B.
The public consumption of alcoholic beverages by the patrons of any
tavern, restaurant or other organization duly licensed to serve alcoholic
beverages whose license may extend upon a sidewalk or other public
area.
C.
The consumption of alcoholic beverages during and within the designated
areas of a community activity, fair, or other community gathering
sanctioned by the Village Board of the Village of Hudson Falls, for
which a written permit has been issued by said Village Board.
D.
The consumption of alcoholic beverages as permitted by § 1227
of the New York State Vehicle and Traffic Law.
A.
Any person convicted of violating any provision of this chapter shall,
upon conviction for a first offense, be guilty of a violation punishable
by a fine not greater than $250 and/or not more than 15 days in jail.
B.
Any person convicted of a second violation of this chapter within
three years of a prior conviction under this chapter shall be punishable
by a fine not greater than $500 and/or not more than 15 days in jail.
C.
Any person convicted of violating any provision of this chapter after
having been convicted two or more times of a violation of this chapter
within the preceding three years shall be punishable by a fine not
greater than $750 and/or not more than 15 days in jail.
