[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 5-26-1987 by L.L. No. 2-1987 (Ch. 37 of the 1987 Code). Amendments noted where applicable.]
It is the intent of the Village of Liverpool, 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 chapter, 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 certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such consumption and/or possession 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 chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following words shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- 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.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park or playground.
- All the territory within the boundaries of the Village of Liverpool.
It shall be a violation of this chapter for any person to:
Consume any alcoholic beverage on any public land within the Village.
Have in his possession any open container containing any alcoholic beverage on any public lands within the Village.
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.
The foregoing prohibitions shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village or to family picnics within the boundaries of a public park but does apply in all such places to beverages in glass containers.
The foregoing prohibitions shall not apply 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 open container while upon public lands.
This chapter shall apply to all persons on public lands in the Village, except as provided in § 110-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway with the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-12 of Chapter 1, General Provisions. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.