[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.
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.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, parking lot, sidewalk, alley, park or playground.
The incorporated Village of Fort Plain.
It shall be a violation of this chapter for any person to:
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.
B.Â
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.Â
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]
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.
