[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 6-21-1999 by L.L.
No. 5-1999. Amendments noted where applicable.]
The purpose of this chapter is to regulate consumption of alcoholic
beverages on public lands and the possession of open containers of
alcoholic beverages on public lands in the Village of Monticello,
County of Sullivan, State of New York. This chapter is being enacted
to preserve the public peace and good order and to exercise the police
power of the town to promote the general health, safety and welfare
of the residents of the town by enacting this chapter 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 Monticello 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, 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.
The provisions of this chapter shall not apply in the event
of a fair, picnic or other community gathering for which special permission
has been granted by the Board of Trustees of the Village of Monticello
or its duly designated agent.
