[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-3-1975 by L.L. No. 8-1975 (Ch.
4, Art. I, of the 1979 Code)]
[Amended 11-20-1989 by L.L. No. 8-1989]
It is the intent of the Village of Delhi, as
an exercise of its police power, to promote the general health, safety
and welfare of the residents of the Village by enacting this article,
since it is the finding of the Board of Trustees that the possession
of open containers of alcoholic beverages by persons in public places,
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 the creation
of nuisances. It is further the intent of the Board of Trustees of
the Village of Delhi that this article not be considered as a traffic
regulation insofar as it relates to motor vehicles or the operation
thereof.
For the purpose of this article, 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, wine, beer, cider and every liquid,
patented or not, containing alcohol, wine or beer and capable of being
consumed by a human being.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Includes any of the following:[1]
A place to which the public or a substantial group of persons
has access and includes but is not limited to highways, transportation
facilities, schools, places of amusement, parks, playgrounds and hallways,
lobbies and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
[Added 11-20-1989 by L.L. No. 8-1989]
The Incorporated Village of Delhi.
[Amended 7-11-1983 by L.L. No. 2-1983; 11-20-1989 by L.L. No.
8-1989]
It shall be a violation of this article for
any person to:
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.
[Amended 11-20-1989 by L.L. No. 8-1989]
This article shall apply to all persons in public places in the Village except as provided in § 102-4 above, but 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 the State of New York.
[Amended 10-20-1980 by L.L. No. 9-1980; 11-19-1984 by L.L. No. 9-1984]
Each violation of this article shall be punishable
by a fine not exceeding $250 for a first conviction thereof; for a
second conviction within 12 months thereafter, such person shall be
punished by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment.