[HISTORY: Adopted by the Town Board of the Town of Haverstraw: Art. I, 8-8-1983 as L.L. No. 4-1983 (Ch. 3, Art. I, of the 1966 Code). Section 50-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 8-8-1983 as L.L. No. 4-1983 (Ch. 3, Art. I, of the 1966 Code)]
The legislative body of the Town of Haverstraw makes the following findings:
There have been many citizen complaints directed to the Supervisor and local officials concerning the incidence of persons drinking alcoholic beverages in the public areas of the town, and especially in the vicinity of bars and taverns in the town and around shopping centers. There have also been complaints of such activity in the parks and on park overlooks adjacent to public highways. Also, on investigating these complaints, it is found that in the places complained of extremely large quantities of refuse, beer cans, beer bottles, wine and liquor bottles and other litter have been found to accumulate, to litter the public roads and to be stuffed into catch basins and other such public facilities.
Surrounding towns have passed laws prohibiting drinking in public places in their towns. The complaints indicate and the investigations show that such drinking very often is participated in by large groups of people and is associated with noise and rowdiness in addition to litter. With the prohibition of such activities in the surrounding towns and also in the Village of Haverstraw, it is to be anticipated that persons who participate in this kind of activity are likely to continue such behavior in areas which have no law regulating this type of behavior.
It is also found that where this kind of drinking activity takes place, acts of vandalism have been found to occur and damage to public and private property has been sustained. It is also found that the necessity to police such behavior is a cost likely to be increased as a burden to the taxpayers and that the protection of the health, safety and welfare of the community requires action in the public interest to regulate such behavior. It is also found that persons possessing alcoholic beverages in open containers do so with the intent to drink the same.
No person shall have, possess, carry or transport liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot or public park in the Town of Haverstraw in open containers, such as a bottle, can, glass, cup or other receptacle suitable for carrying or containing a liquid, and no person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot, shopping center, public park or other public place in the Town of Haverstraw.
Any person possessing an open container is presumed to intend to consume the same or to allow its consumption by another person.
If any organization desires to dispense alcoholic beverages on public property in the Town of Haverstraw, it must apply to the Town Board of the Town of Haverstraw for permission to do so not less than 15 days prior to the date that it desires to dispense said beverage. No fee shall be charged for the granting of this permission, and said permission, if granted, shall be contingent upon said organization's securing a proper license from the appropriate Alcoholic Beverage Control Board to dispense alcoholic beverages on said property. This license shall be displayed to the Town Board, and said organization shall accept the obligation and responsibility for supervising and keeping good order and public peace at such event.
No alcoholic beverage shall be consumed other than on those premises described in the letter of permission issued by the Town Board.
An open bottle or open container in which there is an alcoholic beverage in any vehicle shall be presumptive evidence that the same is in possession of all occupants thereof and in violation hereof. However, this Article shall not apply to violations pursuant to § 1227 of the New York State Vehicle and Traffic Law.
A violation of this article may be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day that a violation of or failure to comply with any provision of this article or any regulations promulgated hereunder by the Town Board occurs shall constitute a separate and distinct violation.