[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks — See Ch. 229.
[Adopted 9-13-1976 by L.L. No. 2-1976; amended in its entirety 8-15-1983 by L.L. No.
3-1983 (Ch. 21, Art. I, of the 1971 Code)]
It is the intent of the Village of Baldwinsville, 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 article,
since it is the finding of the Board of Trustees that the possession
of open containers of alcoholic beverages by persons on public land
or other public places with the intent of the possessor to consume,
or actually consuming, such alcoholic beverage on any public land
within the Village, except under controlled conditions, is detrimental
to the health, safety and welfare of the residents of the Village
in that such 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 article not be considered
as a traffic regulation insofar as it relates to motor vehicles or
the operation thereof.
For the purpose of this article, the following terms shall have
the meanings ascribed to them. All words shall have the meanings normally
ascribed to them in regular usage.
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.
Includes any public highway, street, parking area, sidewalk,
park and playground, excepting those premises duly licensed for the
sale and consumption of alcoholic beverages on the premises.
The Village of Baldwinsville.
It shall be a violation of this article for any person to:
A.Â
Consume any alcoholic beverage on any public land within the Village.
B.Â
Possess any open container containing any alcoholic beverage on any
public lands within the Village with the intent of the possessor to
consume, or actually consuming, such alcoholic beverage.
C.Â
Have within his possession for the intent and purpose of consumption
on public lands by either himself or another person any open container
containing an alcoholic beverage.
The foregoing restricted actions shall not apply in the event
of a fair, picnic or other community gathering for which special permission
has been granted by the Village. The foregoing restricted actions
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 article shall apply to all persons on public lands in the Village, except as provided in § 105-4 of this article, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
