[HISTORY: Adopted by the Board of Trustees of the Village of Irvington as indicated in article histories. Amendments noted where applicable.]
Nuisances — See Ch. 148.
Article I Consumption in Public
[Adopted 9-18-1978 by L.L. No. 1-1978]
This article shall be known and cited as the "Village of Irvington Local Law No. 1 of 1978, Regulating Consumption of Alcoholic Beverages in Public Places."
The Village of Irvington recognizes that consumption of alcoholic beverages in public places and transportation facilities 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 Village, and this article is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- All such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for, or used to hold any liquid.
- A. Means the following:
- (1) Any highway, street, sidewalk, park, playground or school (public or private), unless specifically authorized by the Recreation Commission.
- (2) The parking lots of shopping centers, schools, churches or other religious institutions and train stations.
- (3) Without limiting the generality of the foregoing, any other place to which the public, or a substantial group of persons, has access.
- B. Notwithstanding the foregoing, the following shall not be deemed "public places" for the purposes of this article:
- (1) Any public place or transportation facility wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
- (2) The interior of the building premises of any firehouse within the Village of Irvington.
- (3) The interior of any premises of any business establishment within the Village of Irvington.
- (4) The interior of any building occupied for use as a church, synagogue or other house of worship.
- (5) The parks and playgrounds of the Village of Irvington during the times and in accordance with the rules and regulations prepared by the Recreation Commission, approved by the Village Board and filed with the Village Clerk.
- TRANSPORTATION FACILITY
- Any conveyance (other than the interior of a train), premises or place used for or in connection with public passenger transportation, whether by railroad, motor vehicle or any other method.
No person shall consume or ingest any alcoholic beverage in any public place or transportation facility within the Village of Irvington. Carrying on the person, holding or possessing any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage in a public place as hereinabove defined shall constitute prima facie evidence of a violation of this section.
Any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage found in any vehicle in any such public place or transportation facility shall be prima facie evidence that the same is in possession of all the occupants of said vehicle and in possession of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public places and transportation facilities or possessing open, unsealed, resealed or partially empty bottles, cans or containers of such alcoholic beverage shall not apply nor be a violation of this article in the event of a gathering which has been granted a special permit by the Village Clerk according to regulations approved by the Village Board of the Village of Irvington.
Any person upon conviction for violation of this article 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 and for a second or subsequent offense by payment of a fine not exceeding $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.