Town of Orangetown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted Orangetown Board 8-9-1971 by Local Law No. 7, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Conduct, public areas — See Ch. 7A.
Entertainment, public, etc. — See Ch. 11A.
Be it enacted by the Town Board of the Town of Orangetown as follows:
This local law shall be called the "Public Drinking Law."
[Amended 8-18-1986 by L.L. No. 2, 1986]
This local law is intended to preserve the public peace, good order, safety and welfare of the people of the Town of Orangetown and to regulate the consumption of alcoholic beverages on public sidewalks, streets, highways, parking lots, public parks or on grounds owned or controlled by a local School Board within the Town of Orangetown.
[Amended 8-18-1986 by L.L. No. 2, 1986]
As used in this local law, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any spirits, wine, beer, ale or other liquid containing more than 1/2 of 1% of alcohol by volume, which is fit for beverage purposes or intended for beverage purposes.
[Added 10-12-1971 by L.L. No. 12, 1971; amended 8-18-1986 by L.L. No. 2, 1986]
A. 
Except as provided in § 10-4B, no person shall have, possess, carry or transport any alcoholic beverage in an open bottle or open container in or upon any public sidewalk, street, highway, parking lot or public park in the unincorporated portion of the Town of Orangetown or on any grounds owned by or under the control of a public school district within the Town of Orangetown.
B. 
Exclusions. This local law shall not apply in the following instances:
(1) 
If any organization desires to dispense alcoholic beverages on public property in the Town of Orangetown, it must apply to the Town Board of the Town of Orangetown for permission to do so, not less than 15 days prior to the date it desires to dispense said beverages. No fees shall be charged for the granting of this permission, and said permission, if granted, shall be contingent upon said organization securing a proper license from the appropriate Alcoholic Beverage Control Board to dispense alcoholic beverages on said property. This license shall be displayed to the Town Board. No alcoholic beverages shall be consumed, other than on those premises described in the letter of permission issued by the Town Board.
(2) 
To any person who is within 50 feet of his residence or 50 feet of the residence of which he is a guest.
[Added 8-18-1986 by L.L. No. 2, 1986[1]]
An open bottle or open container in which there is an alcoholic beverage, in any vehicle, shall be presumptive evidence that the same is in possession of all occupants thereof and in violation hereof.
[1]
Editor's Note: This ordinance also provided that former § 10-5, Penalties for offenses, be renumbered as § 10-6. Former § 10-6, When effective, was renumbered as § 10-7.
[Amended 10-12-1971 by L.L. No. 12, 1971; 10-16-1995 by L.L. No. 15, 1995]
Any person who violates this local law shall be guilty of an offense and shall be punishable by not more than 15 days in jail or a fine of not more than $250, or both, for each violation of this local law.
This local law shall take effect immediately upon adoption.