[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 7-7-1998 by L.L. No. 10-1998. Amendments noted
where applicable.]
A.
The Board of Trustees of the Incorporated Village of Stewart Manor
(hereinafter the "Board of Trustees") finds that the unrestricted
consumption of alcoholic beverages in public places within the Village
leads to public intoxication, disorderly conduct, littering, and otherwise
threatens public peace and good order. The Board of Trustees further
finds that there is a significant relationship between the possession
of an open container in a public place with the intent to consume
the same and the consumption of alcohol in a public place.
B.
It is, therefore, the intent of the Board of Trustees, in enacting
this chapter, to promote the health, safety and general welfare of
Village residents by prohibiting the consumption of alcoholic beverages
in public places and to restrict the possession of open containers
of alcoholic beverages with the intent to consume the same, except
as otherwise permitted herein.
For purposes of this chapter, the following words or phrases
shall have the following meanings, unless the context requires or
indicates a different meaning:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, containing alcohol, spirits or beer and capable
of being consumed by a human being.
Any glass, bottle, can, keg or other receptacle suitable
for, or used to hold, any alcoholic beverage.
When used in connection with a container, any container which
has been perforated or tapped, or on which the cap has been loosened
or the cork displaced.
Having in one's possession or control an alcoholic beverage
in a glass, open bottle, open can, tapped keg or other open container
so as to permit consumption by the person in possession thereof, or
another person, having the purpose of consuming such alcoholic beverage
in a public place.
Any highway, street, sidewalk, park, parking lot, recreation
area or Village building or any other property owned, operated or
maintained by the Village or other municipality within the Village.
It shall be a violation of this chapter for any person to:
A.
The possession of an open container containing an alcoholic beverage
in a public place shall be presumptive evidence that the contents
of such open container is intended to be consumed in a public place.
B.
An open bottle or open container in any vehicle while in or on any
pubic sidewalk, street, highway, parking lot, 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.
[Amended 7-3-2007 by L.L. No. 1-2007]
The foregoing prohibitions shall not apply in the following
circumstances: to any person of legal drinking age, attending and
while in actual lawful attendance at a fair, picnic, block party,
dance, social function or other community gathering held in or upon
public places for which gathering or function special permission has
been previously granted by the Village Board of Trustees, in accordance
with the provisions of this chapter. Special permission may be granted
by the Board of Trustees to any person, group of persons, organization,
association or other responsible and identifiable party or parties.
In order to protect the interests of the Village, the Board of Trustees
reserves to itself the power to impose any conditions, limitations
or other terms or provisions as it deems necessary upon said special
permission.
Any person violating any provision of this chapter shall be
liable for a fine not to exceed $250 for each offense or by imprisonment
not exceeding 15 days, or both.
