[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 8-7-1985 as L.L. No. 11-1985.
Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interests welfare,
health and safety within the Village of Great Neck Plaza by prohibiting the
consumption of alcoholic beverages in public places within the village. The
Board of Trustees finds that possession of an open or unsealed container of
alcoholic beverage in a public place within the village leads to consumption
of the same, resulting in public intoxication, disorderly conduct, disturbance
of the public peace, littering of the public places and destruction of property.
The Board of Trustees further finds that preservation of the public health
and prevention of conditions which lead to conduct disturbing the public peace
attributable to consumption of alcoholic beverages can be accomplished by
the prohibition of consumption of alcoholic beverages in public places and
by restricting the possession of an open or unsealed container of alcoholic
beverages under circumstances which indicate that the possessor of such open
or unsealed container in a public place intends to consume the same or intends
to have it consumed by another person.
For the purposes of this chapter, the following words or phrases shall
have the meanings ascribed to them herein. All other words or phrases shall
have the meanings normally ascribed to them in regular usage:
Includes any liquor, beer, wine, spirits, cider or other liquid,
patented or not, composed of or containing alcohol or spirits, whether or
not brewed, fermented or distilled, and capable of being consumed by a human
being.
Any bottle, can, glass, cup or other receptacle of any kind.
Includes any public highway, street, alley, sidewalk, parking area
or lot, park or playground, public building, transportation facility or any
other public facility or ground, whether vacant or improved, within the boundaries
of the Village of Great Neck Plaza.
The Incorporated Village of Great Neck Plaza.
It shall be a violation of this chapter for any person to:
The forgoing prohibition shall not apply to consumption of an alcoholic
beverage or possession for the purpose of consumption in any public place
where the same is authorized by license or permit under the laws and regulations
of this state and under the regulations of the village, or a gathering or
function for which permission has been previously granted by the appropriate
governing body, board, agency or commission.
For the purposes of this chapter, the following rebuttable presumption shall apply: The possession by a person of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in § 70-2, definition of "public land," herein within the village, shall be presumptive evidence that said container is possessed with the intention to consume the contents thereof.
Each violation of this chapter shall constitute a separate offense and,
upon conviction, shall be subject to the following:
A.
For a first offense under this chapter, a fine of not
less than $25 nor more than $250 or imprisonment for not more than 15 days,
or both such fine and imprisonment.
B.
For a second or subsequent offense under this chapter,
a fine of not less than $50 nor more than $250 or imprisonment for not more
than 15 days, or both such fine and imprisonment.
