[HISTORY: Adopted by the Board of Trustees of the Village of Horseheads
11-10-1983 as L.L. No. 1-1983. Amendments noted where applicable.]
It is the intent of the Village of Horseheads, as an exercise of its
police power, to promote the health, safety and welfare of the residents and
inhabitants of the Village of Horseheads 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 certain public lands, except under controlled
conditions, is detrimental to the health, safety and welfare of the residents
of the village in that such possession contributes to the development of unsanitary
conditions and to the creation of nuisances, including but not limited to
littering and raucous or other disorderly behavior. It is further the intent
of the Village of Horseheads that this chapter not be considered as a traffic
regulation insofar as it relates to motor vehicles or 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 alcohol, liquor, spirits, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed by human beings.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Includes any of the following:
Any highway, street, sidewalk, park, municipally owned parking lot,
cemetery or playground.
The Village of Horseheads.
It shall be a violation of this chapter for any person to consume any
alcoholic beverage on any public land within the village or to have within
his or her possession, for the purpose of consumption on public lands, by
either himself or herself or another person, any open container containing
an alcoholic beverage on any public lands within the village.
A.Â
The foregoing prohibition shall not apply in the event
of a fair, picnic or other community gathering for which special permission
has been granted by the Village Board of Trustees.
B.Â
The foregoing prohibition shall not apply to the transportation
of an unsealed but not open container across public lands of the village from
one point to another with no intent to consume the contents of such open container
while upon such public lands.
C.Â
Special permission as hereinabove referred to may be
granted by the Village Board of Trustees upon such terms and conditions as
such Board may reasonably determine are necessary to protect the general health,
safety and welfare of the residents and inhabitants of the village.
This chapter shall apply to all persons on public lands in the village, except as provided in § 76-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the village in violation of § 1227 of the Vehicle and Traffic Law of New York State.
Each violation of this chapter shall be punishable by a fine of not
less than twenty-five dollars ($25.) nor more than two hundred fifty dollars
($250.) and/or imprisonment for not more than fifteen (15) days. Each separate
violation shall constitute a separate additional violation.
