Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 9-20-1984 as L.L. No. 3-1984. Amendments noted where applicable.]
It is the intent of the Village of Fort Plain by enacting this chapter as an exercise of its police power to promote the general health, safety and welfare of the residents and inhabitants of the village 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 the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior. It is further the intent of the Board of Trustees of the Village of Fort Plain that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purposes of this chapter, the following shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, hard cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Any highway, street, parking lot, sidewalk, alley, park or playground.
VILLAGE
The incorporated Village of Fort Plain.
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any public land within the village; or
B. 
Have within his possession for the purpose of consumption on public lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the village.
A. 
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.
B. 
The foregoing prohibitions 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 public lands.
C. 
The foregoing prohibitions shall not apply to gatherings, including private parties, held in either Wiles or Fireman's Park for which a reservation for the use of such park has been made through the village office. This exception shall only apply as to the group or organization making the reservation and during the time for which the park is actually reserved. The exception shall be subject to all rules and regulations of the park, of the village and of the Alcoholic Beverage Control Board. The exception hereunder shall not be applicable during any period when it is determined that such would be detrimental to the health, safety and welfare of the residents of the Village of Fort Plain, and the same may be rescinded by order of the Mayor or the Chief of Police of the village.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
This chapter shall apply to all persons on public lands in the village except as provided in § 55-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village of Fort Plain in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Each violation of this chapter shall be punishable by a fine not exceeding $250 or 15 days' imprisonment, or both.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.