[HISTORY: Adopted by the Town Board of the Town of Webb as
indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Town of Webb Consumption
of Alcoholic Beverages Local Law."
A.
The Town Board of the Town of Webb has determined that the consumption
of alcoholic beverages in public places often leads to disorders,
nuisances and related problems, as well as the littering of such public
places, and is disturbing to the public and threatens peace and good
order.
B.
The purpose of this article is to prohibit the consumption of alcoholic
beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public
health, safety and welfare and to promote the public good.
As used in this article, unless the context or subject matter
otherwise requires, the following words shall have the following meanings:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York, as same
may be amended from time to time.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing intent to ultimately
consume on any public lands.
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, any highway, street,
road, sidewalk, parking area, shopping area, place of amusement, playground,
park, transportation facility, school, school grounds and hallways,
lobbies and other portions of apartment houses, motels or hotels not
constituting rooms or apartments designed for actual residence.
Any building, structure, school bus as defined in § 142
of the New York State Vehicle and Traffic Law, athletic playing field,
playground or land contained within the real property boundary lines
of a public or private elementary, parochial, intermediate, junior
high, vocational or high school.
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by railroad, motor vehicle
or any other method.
A.
Consumption in public places. No person shall, within the Town of
Webb, drink or otherwise consume liquor, wine, beer or other alcoholic
beverages while such person is in or upon any public place.
B.
Possession of open containers. No person shall carry or have in his
or her possession, within the Town of Webb, any open bottle, can or
open container containing liquor, wine, beer or other alcoholic beverage
with the intent of the possessor or another to consume the same in
any public place.
C.
Presumptions.
(1)
The possession of an open, unsealed, resealed or partially full bottle,
can or container which contains an alcoholic beverage, unwrapped or
with the top exposed, in a public place shall be presumptive evidence
that such open bottle or open container is intended to be consumed
in a public place.
(2)
Such an open bottle, can or container in any vehicle while in or
on any public place shall be presumptive evidence that the same is
in the possession of all the occupants thereof.
(3)
The holding of such open bottle, can or container to the mouth in
a drinking manner or the placing, throwing or otherwise disposing
of such container or its contents in a public place shall be presumptive
evidence that the person doing any such act did consume or ingest
an alcoholic beverage in a public place.
Any open, unsealed, resealed or partially full bottle, can or
container which contains an alcoholic beverage found in any vehicle
in any public place shall be prima facie evidence that the same is
in possession of the person last having control and custody of said
vehicle.
The foregoing prohibition against drinking alcoholic beverages
in public places or possessing open, unsealed, resealed or partially
empty bottles, cans or containers of such alcoholic beverages shall
not apply nor be a violation of this article in the event of a gathering
in a public park or public facility which has been granted a permit
by the Town according to the regulations approved by the Town Board
of the Town of Webb, to a building or the portion of a building occupied
by a Fire Department, nor to any place licensed by the State of New
York to sell alcoholic beverages for on-premises consumption.
Any person, upon conviction for a violation of this article,
shall be guilty of a violation as defined in the Penal Law of the
State of New York, which shall be punishable by a fine of not more
than $250 or imprisonment for not more than 15 days, or both.
