[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 65,
§ 65.64, of the 1984 Code. Amendments noted where applicable.]
A.
The Village Board finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorderly
behavior and related problems as well as the littering of such public
places and threatens peace and good order.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The purpose of this chapter is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent
disorderly behavior and the littering of public places and to protect
the public health, safety and welfare and to promote the public good.
No person shall, within the Village of Waterloo,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway,
parking lot, bathing beach, public park or such other public place
as defined by § 240.00 of the Penal Law of the State of
New York.
A.
No person shall carry or have in his or her possession within the Village of Waterloo any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in § 71-2 of this chapter.
B.
Presumptions.
(1)
The possession of an open bottle or open container
unwrapped or with the top exposed in a public place as herein defined
shall be presumptive evidence that the contents of such open bottle
or open container are intended to be consumed in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing
beach, public park or other public place as defined by § 240.00
of the Penal Law of the State of New York shall be presumptive evidence
that the same is in the possession of all the occupants thereof.
A.
The provisions of this chapter shall not apply to
any activity sponsored by an organization having a proper license
issued by the Alcoholic Beverage Control Board of Seneca County to
dispense alcoholic beverages upon public property in the Village of
Waterloo, provided that such organization shall previously have obtained
permission from the Board of Trustees of the Village of Waterloo for
the granting of this exception. No fee shall be charged for the granting
of this exception. This exception shall apply only to the public property
in the Village of Waterloo upon which the alcoholic beverages are
dispensed.
B.
This chapter further shall not apply to any activity
taking place in the Village park located at the southern end of Oak
Street in said Village of Waterloo, commonly known as "The Island,"
between the hours of 9:00 a.m. and 9:00 p.m.
