[HISTORY: Adopted by the Board of Trustees of the Village
of Cooperstown at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor eating areas — See Ch. 178.
The purpose of this chapter is to regulate the consumption of
alcoholic beverages on public lands and the possession of open containers
of alcoholic beverages on public lands in the Village of Cooperstown.
This chapter is being enacted to preserve the public peace and good
order and to exercise the police power of the Village, to promote
the general health, safety and welfare of the residents of the Village,
since it is the finding of the Board of Trustees that the possession
of open containers of alcoholic beverages by persons on public lands,
streets and sidewalks and the consumption of alcoholic beverages on
public lands should be regulated, except under controlled conditions,
as such is detrimental to the health, safety and welfare of the residents
of the Village of Cooperstown, in that such possession and consumption
contributes to the development of unsanitary conditions and the creation
of a nuisance. It is further the intent of the Board of Trustees that
this chapter shall not be considered as a traffic regulation insofar
as it relates to motor vehicles or to the operation thereof.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular usage.
Includes all beverages as defined in 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.
Includes any of the following:
The condition of the container containing liquor, beer, wine
or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York, whose cap, cork, top
or other closing device has been removed, or the condition of a can
which is punctured or pulled open so as to break its seal.
Exercise of dominion over the container or beverage.
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, school grounds or lands owned by the municipality
or in possession of said municipality or any other place to which
the public has access, including a public parking lot or driveway
for one or more vehicles used by patrons of any commercial, industrial
or professional place of business, 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 of the State of New York.
No person shall possess, carry or transport any alcoholic beverage
with the intent to consume the same in any open or unsealed container
on any public lands as defined as aforesaid or in any motor vehicle
as defined by the Vehicle and Traffic Law of the State of New York.
Each violation of this chapter shall be punishable by a fine
not to exceed $250 or by imprisonment for not more than 15 days, or
both, for each offense. A conviction of an offense against this chapter
shall constitute a violation. Each such violation shall constitute
a separate violation.
