[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:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
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.
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.
