[HISTORY: Adopted by the Board of Trustees of the Village of Nassau
during codification; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 50.
A.
The purpose of this chapter is to protect and promote
the safety, health and well-being of the people of the Village of Nassau and
their property and to regulate the conduct of persons in the Village of Nassau
by prohibiting the consumption of alcoholic beverages in public places and
on property owned or leased by another person without the invitation or consent
of such person.
B.
Findings.
(1)
The Board of Trustees of the Village of Nassau finds
that the possession or consumption of alcoholic beverages in public streets
and public places, except under certain conditions, is detrimental to the
health, safety and welfare of the residents of the Village of Nassau, causes
unsightly and unsanitary conditions, creates a nuisance and interferes with
the peace and good order of said village.
(2)
The Board of Trustees further finds that the possession
or consumption of alcoholic beverages on public streets and public places
is a serious, substantial and significant cause of persons (especially persons
who are under the legal age for alcoholic consumption) becoming unruly, disruptive,
disorderly, uncontrollable, obnoxious, offensive and of a general character
detrimental to the health, welfare and peaceful orderliness of the community.
In addition, the allowance of possession or consumption of alcoholic beverages
on public streets and public places has been proven to be a significant and
substantial cause in the congregation of persons who in turn significantly
and substantially cause and promote unruly, disruptive, disorderly, uncontrollable,
obnoxious, offensive and generally detrimental behavior.
(3)
The Board of Trustees further finds that there is a significant
relationship between the possession of an open or unsealed container of an
alcoholic beverage on public streets or places and the general health, welfare
and safety of the public and that it has been demonstrated to this Board of
Trustees that the allowance of open or unsealed containers of alcoholic beverages
is the most significant and substantial factor contributing to the consumption
of such alcoholic beverages.
(4)
The Board of Trustees further finds that this chapter
is necessary and proper to promote the health, welfare and safety of the general
public and that the restrictions on conduct created by this chapter are not
unduly harsh or restrictive and are necessary and proper pursuant to the police
power of the Village of Nassau.
A.
When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number include
the singular, words used in the singular number include the plural, and words
in the masculine include the feminine.
B.
ALCOHOLIC BEVERAGE
MOTOR VEHICLE
PUBLIC PLACE
For the purposes of this chapter, the following words,
phrases and terms and their derivations shall have the meanings given herein:
Includes alcohol, spirits, liquor, wine, beer and every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed by a human being.
Every vehicle, including a snowmobile, which is or can be operated
or driven upon a public highway and which is propelled by any power other
than muscular power, other than a public omnibus used in the business of transporting
passengers for hire.
A place in the Village of Nassau to which the public or a substantial
group of persons has access and includes but is not limited to highways, sidewalks,
parking areas, parks, playgrounds, shopping centers, schoolyards and hospital
grounds.
A.
No person shall drink an alcoholic beverage or have in
his possession any open bottle, can or other container of alcoholic beverage,
with the intent to consume such alcoholic beverage, while such person is in
a public place or on property owned or leased by another person without the
invitation or consent of such person.
B.
No person shall drink an alcoholic beverage or have in
his possession any open bottle, can or container of alcoholic beverage, with
the intent to consume such alcoholic beverage, while such person is the operator
of or occupant or passenger in or on a motor vehicle which is parked, standing
or being operated in a public place or on the property owned or leased by
another without the invitation or consent of such person.
A.
Any facility or establishment licensed to serve or dispense
alcoholic beverages by the State Liquor Authority or other authority pursuant
to the Alcoholic Beverage Control Law of the State of New York is exempt from
this chapter.
B.
This chapter shall not apply to the consumption or possession
of alcoholic beverages in the Village of Nassau parks by persons who have
a valid permit issued therefor.
Any person violating any of the provisions of this chapter shall be
punished, upon conviction, by a fine not exceeding two hundred fifty dollars
($250.) or confinement to a maximum term of imprisonment for a period not
to exceed fifteen (15) days, or both such fine and imprisonment.
