Town of New Castle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Castle 4-8-1980 by L.L. No. 6-1980. Amendments noted where applicable.]
The Town of New Castle recognizes that consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the town, and this chapter is intended to provide such control and regulation.
As used in this chapter, the following words shall have the meanings below set forth:
ALCOHOLIC BEVERAGE
Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access and includes but is not limited to streets, highways, parking lots, sidewalks, shopping centers, malls, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses not constituting rooms or apartments designed for actual residence, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger transportation, whether by railroad, motor vehicle or any other method.
[Amended 11-25-1986 by L.L. No. 20-1986]
No person shall consume or ingest any alcoholic beverage in any public place within the Town of New Castle. Carrying on the person, holding or possessing in a public place, as hereinabove defined, with the intent to consume in a public place any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage shall constitute prima facie evidence of a violation of this section.
[Amended 4-26-1994 by L.L. No. 9-1994]
The foregoing prohibition against drinking alcoholic beverages in public places shall not apply to a gathering, function or event which is sponsored by a local Fire Department, recognized civic organization or recognized religious organization and which is held at a premises owned or occupied and under the control of the sponsor; to an event which has been granted a special permit by the Town Board of the Town of New Castle; or in the case of beer and wine served or consumed on town property, at an event which has been granted a special permit by the Town Board's designee appointed by resolution and serving at the pleasure of the Town Board.
[Amended 11-25-1986 by L.L. No. 20-1986]
Any person, upon conviction for violation of this chapter, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable as follows: for a first offense, by payment of a fine not exceeding $25; for a second or subsequent offense, by payment of a fine not exceeding $250.