[HISTORY: Adopted by the Town Board of the
Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]
A.
The Town Board finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorder
and related problems as well as the littering of such public places
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 littering in public places; and to protect
the public health, safety and welfare and to promote the public good.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any of the following:
A container not (or no longer) securely capped, corked or
sealed, and includes a can or similar container which has been perforated
or a container on which the secure capping, sealing or corking (normally
provided by the manufacturer of the alcoholic beverage) has been disturbed,
as would be exemplified by containers on which the cap has been loosened
or the cork displaced or the seal torn or mutilated.
A.
Consumption in certain public places prohibited. No
person shall, within the Town of Seneca Falls, 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.
B.
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Seneca Falls, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume same in any of the public places described in Subsection A of this section.
A.
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 the contents of such open bottle
or open container are intended to be consumed in a public place.
B.
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.
The provisions of § 102-3 shall not apply to any activity sponsored by an organization having proper license issued by the Alcoholic Beverage Control Board of Seneca County to dispense alcoholic beverages upon public property in the Town of Seneca Falls, provided that such organization shall previously have obtained permission from the Town Board of the Town of Seneca Falls for the granting of this exception. This exception shall apply only to the public property of the Town of Seneca Falls upon which the alcoholic beverages are dispensed.
Any person who shall violate any provision of
this chapter shall, upon conviction, be fined not more than $500 or
be imprisoned in the county jail for not more than 15 days, or both.
