[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 8-9-1983 by L.L. No. 2-1983[1] (Ch. 50 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 167.
[1]
Editor's Note: This local law also repealed former Ch.
50, Alcoholic Beverages: Open Containers, adopted 9-27-1974 by L.L.
No. 3-1974, as amended 12-14-1982 by L.L. No. 6-1982.
A.
The Village Board finds that the unrestricted consumption of alcoholic
beverages in certain public places often leads to disorders and related
problems as well as the littering of such public places and is disturbing
to the public and threatens peace and good order.
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.
A.
Prohibited. No person shall, within the Village of Walden, 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, or on private property without invitation or permission
of the owner or occupant of such property.
[Amended 3-8-2011 by L.L. No. 4-2011]
B.
Possession of open containers. No person shall carry or have in his or her possession within the Village of Walden 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 Subsection A of this section.
C.
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 such open bottle or open container is 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.
D.
INTENT TO CONSUME
Definitions.
In this chapter, the following terms shall have the meanings indicated:
[Added 3-8-2011 by L.L. No. 4-2011]
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.
Upon written application to the Village Board on forms provided
by the Village Clerk, the Board may grant special permission for the
use of alcoholic beverages in or on the public sidewalks, streets,
highways, parking lots, bathing beach, public park or other public
places, as defined by § 240.00 of the Penal Law of the State
of New York, but only for the times, dates and places specified in
the application. Said application shall contain, among other things,
a list of three names and addresses of those who are responsible for
the activity.
[Added 3-8-2011 by L.L. No. 4-2011]
Anyone arrested and convicted of a violation of this chapter
is subject to a fine of $50.
