[HISTORY: Adopted by the Board of Trustees of the Village
of West Carthage as indicated in article histories. Subsequent amendments
noted where applicable.]
[Adopted 6-25-2012 by L.L. No. 4-2012]
It is the intent of the Village of West Carthage, 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 Mayor and Trustees that the consumption
of alcoholic beverages and/or the possession of 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 Mayor
and 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 other 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 or semiliquid.
Any highway, street, sidewalk, park, playground, boat launch
or any other municipally owned property.
All the territory within the boundaries of the Village of
West Carthage.
Unless authorized by special permit approved by the Board of
Trustees of the Village of West Carthage and the West Carthage Police
Department and issued by the Village Clerk, it shall be a violation
of this article for any person to:
A.
Consume or possess any alcoholic beverages within Getman Park (tax
parcel Nos. 86.47-1-2.2, 86.47-1-7, 86.47-1-8, 86.47-1-14) or within
any public land located on Bridge Street from the State Route 126
bridge at the eastern Village limits to Jefferson Street, and the
public parking lot on the north side of Bridge Street (hereinafter
referred to as "restricted public lands").
B.
Have in their possession any open container containing any alcoholic
beverage on any restricted public lands within the Village.
C.
The possession of an open container of any form of intoxicating beverage
shall be prima facie evidence of such consumption.
This article shall apply to all persons on restricted public
lands in the Village 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.
Any person, firm or corporation violating any provision of this
article shall, upon conviction, be subject to a fine of not less than
$50 nor more than $250 or imprisonment for not more than 15 days,
or both.
