[HISTORY: Adopted by the Town Board of the Town of Stillwater as indicated in article histories. Amendments noted where applicable.]
Article I Open Containers
Article II Social Host Responsibility
This article may be known and cited as the "Open Container Ordinance of the Town of Stillwater."
No person shall have in his possession any open bottle, can, glass or other container containing beer, liquor, wine or other alcoholic beverage while such person is on any public highway, public street, public parking area or any other public place in the Town of Stillwater or is in or on a vehicle parked or standing thereon. The presence of any such open container in any such vehicle shall be presumptive evidence of the possession thereof by all of the occupants of such vehicle.
A violation of this article shall constitute an offense and shall be punishable by a fine not exceeding $50 or by imprisonment for 10 days or by both such fine and imprisonment for the first offense and by a fine not exceeding $50 or by imprisonment for 30 days or by both such fine and imprisonment for a second or subsequent offense.
[Adopted 5-10-2007 by L.L. No. 2-2007]
This article shall be known as the "Social Host Responsibility Law."
The purpose of this article is to protect the health, safety and general welfare of the people of the Town of Stillwater, New York, and the preservation of peace and good order by discouraging the hosting of residential social gatherings where underage drinking and prohibited drug use occurs by prohibiting the provision, service or distribution of alcoholic beverages or prohibited drugs to persons under the age of 21 by persons controlling residential premises.
This article is based upon findings of the Stillwater Town Board that the provision, service or distribution of alcoholic beverages or prohibited drugs to persons under the age of 21 at social gatherings on residential premises is extremely harmful to those present and a serious threat to the health, safety and general welfare of all residents of the Town. The Town Board also finds that persons under 21 often obtain alcoholic beverages or prohibited drugs consumed at such gatherings through the actions of persons who are in control of the premises, and further, that persons who control the premises know, or have reason to know, that their contributory actions, either directly or by forbearance, will result in such consumption.
Finally, while the Town Board finds that a number of state statutes address the distribution to, and use of, alcohol and prohibited drugs by persons under 21, the existence of such statutes is not sufficient to discourage contributory actions by persons in control of residential premises. Accordingly, the Town Board finds that an additional local law is needed to fill shortfalls in coverage by the state statutes.
This article is adopted pursuant to the general powers granted to the Town of Stillwater by the Constitution and laws of the State of New York, and granted in particular by Municipal Home Rule Law § 10, Subdivision 1(ii)a(12).
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any substance defined or listed as such in New York Alcoholic Beverage Control Law § 3, including but not limited to liquor, wine, beer, spirits or other liquid or solid, composed of or containing alcohol or spirits.
- The authority and ability to regulate, direct or dominate.
- PERSON HAVING CONTROL
- An owner, manager or tenant, whether human or corporate.
- PROHIBITED DRUG
- Means and includes any substance listed in New York Public Health Law § 3306.
- RESIDENTIAL PREMISES
- Any structure, as well as appurtenances and encompassing land, used as a dwelling place for humans.
- SOCIAL GATHERING
- A gathering of two or more persons, at least one of which is not related to the other(s) by blood.
No person having control of any residential premises shall allow a social gathering to take place on such premises where said person knows, or has reason to know, that any alcoholic beverage will be consumed or that any prohibited drug will be possessed or consumed by a person under the age of 21.
The provisions of this article shall not apply to:
The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to New York Alcoholic Beverage Control Law § 65-c, or any other applicable law; or
The possession or consumption of a drug for which the individual has a current, valid prescription or which the person is permitted to consume by any other applicable law.
Failure to comply with § 57-8 of this article shall constitute a misdemeanor punishable by a fine which shall not exceed $1,000 or imprisonment not exceeding 20 days, or a combination of such fine and imprisonment as shall be fixed by the court.
If any part or provision of this article is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.