[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 148.
[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:
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.
Means the following:
Any highway, street, sidewalk, park, playground
or school (public or private), unless specifically authorized by the
Recreation Commission.
The parking lots of shopping centers, schools,
churches or other religious institutions and train stations.
Without limiting the generality of the foregoing,
any other place to which the public, or a substantial group of persons,
has access.
Notwithstanding the foregoing, the following
shall not be deemed "public places" for the purposes of this article:
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.
The interior of the building premises of any
firehouse within the Village of Irvington.
The interior of any premises of any business
establishment within the Village of Irvington.
The interior of any building occupied for use
as a church, synagogue or other house of worship.
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.
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.
