[HISTORY: Adopted Malone Village Board: Art. I, 12-10-1979 by Local Law No. 8, 1979. Amendments noted where applicable.]
[Adopted 12-10-1979 by Local Law No. 8, 1979]
It is the intent of the Village of Malone, as an exercise of
its police power, to promote the general health, safety and welfare
of the residents of the village by enacting this local law since it
is the finding of the Board of Trustees that the consumption of alcoholic
beverages and/or the possession of open containers of alcoholic beverages
by persons on public premises, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the village and contributes to the development of unsanitary conditions
and the creation of nuisances. It is further the intent of the Board
of Trustees of the Village of Malone that this local law not be considered
as a traffic regulation insofar as it relates to motor vehicles or
the operation thereof.
No person shall have, possess, carry or transport any liquor,
wine, beer or other alcoholic beverage in an open bottle or other
open container in or upon any public sidewalk, street, lane, highway,
building, parking lot, park or recreation area, or other public property,
or in any vehicle upon such area, within the Village of Malone. No
person shall drink or otherwise consume any liquor, wine, beer or
other alcoholic beverage in or upon any of the aforesaid public areas
or property within the Village of Malone.
A.
If
any individual or organization desires to have, distribute or consume
alcoholic beverages on public property in the Village of Malone, said
individual or organization must apply to the Chief of Police of the
Village of Malone, or to his duly authorized representative, for a
permit therefor, at least three days prior to the date scheduled for
using such beverages. No fee shall be charged for the granting of
said permit.
B.
A
permit shall be issued only upon the following conditions:
(1)
Such individual or organization by its duly authorized officer must
agree, in writing, to assume full responsibility for supervising the
conduct of the group or individuals benefiting from such permit and
to properly and promptly clean up and restore the premises, after
use, to its prior condition.
(2)
Such individual or organization must further agree, in writing, that
adequate precautions shall be taken to ensure that minors will not
be served, or allowed to consume, alcoholic beverages at the permitted
event or gathering.
(3)
No alcoholic beverages shall be distributed or consumed other than
on the specific premises described in the permit or at the time stated
therein.
(4)
No permit shall be issued to any individual or organization which
has previously been issued a permit and has failed to comply with
the provisions of this local law.
C.
The
provisions of this local law shall not apply to those portions of
the recreation park operated by the Malone Joint Recreation Commission
which may be specifically designated by said Commission as suitable
for the consumption of alcoholic beverages and/or the possession of
open containers of alcoholic beverages.
No person shall discard alcoholic or other beverage containers
upon any public sidewalk, lane, highway, parking lot, park or recreation
area or other public property within the Village of Malone, without
the express written permission of the village.
The violation of any of the provisions of this local law shall
be punishable by a maximum fine of $250 or by imprisonment for 15
days, or by both such fine and imprisonment. Each day any violation
shall continue shall constitute a separate violation.
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
This local law shall take effect immediately upon filing in
the office of the Secretary of State of New York State.
