[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-19-2021 by L.L. No. 2-2021[1]]
[1]
Editor's Note: This local law also superseded former Art.
I, Alcoholic Beverages; Loitering, adopted 4-2-1984 by L.L. No. 2-1984, as amended.
It is the intent of the Village of Greenwood Lake, as an exercise
of its police power, to promote the general health, safety and welfare
of the residents and inhabitants of the Village by enacting this article,
since it is the finding of the Board of Trustees that the loitering
by persons on certain public lands and/or the possession of open containers
of alcoholic beverages by persons on certain public lands, with the
intent to consume the same, and/or the smoking or consuming of cannabis
by persons on certain public lands, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the Village of Greenwood Lake in that such conduct 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 that this
article shall not be considered as a traffic regulation, insofar as
it relates to motor vehicles or the operation thereof.
This article shall be known as the "Public Safety Law of the
Village of Greenwood Lake."
For the purpose of this article, the following terms shall have
the meanings ascribed to them. All of the words shall have the meanings
normally ascribed to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
Includes both plant-form marijuana, as well as the oil or
separated resin of the cannabis plant, whether purified or raw, or
any mixture or preparation containing tetrahydrocannabinols (THC).
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park or playground.
The Village of Greenwood Lake.
It shall be a violation of this article for any person to:
A.
Consume any alcoholic beverage on any public land within the Village;
B.
Have in his possession, with the intent to consume the same, any
open container containing any alcoholic beverage on any public lands
within the Village;
C.
Have within his possession, for the purposes 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;
D.
Smoke or consume cannabis on any public land within the Village;
E.
Congregate with others upon any public lands within the Village of
Greenwood Lake;
F.
Remain in doorways or stairways adjacent to any public lands within
the Village of Greenwood Lake or loiter about such places; or
G.
Refuse to move on when ordered to do so by a police officer or move
on and congregate or loiter in another area or return to the same
area.
The foregoing prohibitions shall not apply:
A.
Within the geographical and time limits of a fair, picnic or other
community gathering for which special permission has been granted
by the Village; or
B.
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 opened containers while on public
lands.
This article shall apply to all persons on public lands in the Village, except as provided for in § 77-5 above, and 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.
Each violation of this article shall be punishable by a fine
not exceeding $250 for each offense and/or imprisonment for not more
than 15 days. A violation of this article shall constitute disorderly
conduct, and any person violating the same shall be declared a disorderly
person.
