[HISTORY: Adopted by the Town Board of the Town of Penfield 4-3-1989 by L.L. No.
1-1989. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest,
welfare, health and safety within the Town of Penfield by prohibiting
the consumption of alcoholic beverages in public places within the
Town. The Town Board finds that possession of an open container of
alcoholic beverage in a public place within the Town has led to consumption
of the same, resulting in disorderly conduct, disturbance of the public
peace, littering of the public places and destruction of property.
The Town Board finds further that preservation of the public welfare
and prevention of conditions which lead to conduct disturbing the
public peace attributable to consumption of alcoholic beverages can
be accomplished by the prohibition of consumption of alcoholic beverages
in public places, and by restricting the possession of an open or
unsealed container of alcoholic beverages under circumstances which
indicate that the possessor of such open or unsealed container in
a public place intends to consume the same or intends to have it consumed
by another person.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes alcohol, spirits, liquor, wine, beer, hard cider
and every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
Includes any of the following:
[Added 12-16-2015 by L.L.
No. 3-2015]
Any highway, street, sidewalk, park, playground, Town building
and curtilage in the Town, public parking area, a place to which the
public or a substantial group of persons has access and includes,
but is not limited to, transportation facilities, schools, places
of amusement, stores, shopping centers, and parking lots in connection
therewith and except those premises duly licensed for the sale and
consumption of alcoholic beverages on the premises.
The Town of Penfield.
It shall be a violation of this chapter for any person to:
A.Â
Consume any alcoholic beverage in any public place within the Town.
B.Â
Have in his/her possession an open or unsealed container of any alcoholic
beverage while in any public place for the purpose of and with the
intent to consume such alcoholic beverage by himself/herself or by
another in any public place.
The foregoing prohibition shall not apply to consumption of
an alcoholic beverage or possession for the purpose of consumption
in any public place where the same is authorized under the laws and
regulations of this state, county or Town; nor shall such prohibition
apply to the possession of an open or unsealed container of an alcoholic
beverage solely for the purpose of transporting the same without an
intent or indication to consume the same in any public place.
This chapter shall not apply to any person in violation of Vehicle
and Traffic Law § 1227.
Each violation of this chapter shall be punishable by a fine
not exceeding $250 for each offense or by imprisonment not exceeding
15 days, or by both such fine and imprisonment.
