[HISTORY: Adopted by the Town Board of the Town of Fishkill 7-10-2013 by L.L. No.
3-2013. Amendments noted where applicable.]
A.
This chapter is adopted pursuant to § 130 of the Town Law
of the State of New York to preserve the public peace and good order
and to exercise the police power of the Town to promote the general
health, safety and welfare of the residents of the Town by executing
this chapter, since it is the finding of the Town Board that the possession
of open containers of alcoholic beverages and the consumption of alcoholic
beverages by persons on certain public lands and streets and sidewalks,
except under controlled conditions, is detrimental to the health,
safety and welfare of the residents of the Town in that such possession
contributes to the development of unsanitary conditions and the creation
of a nuisance.
B.
It is further the intent of the Town Board of the Town of Fishkill
that this chapter not be considered as a traffic regulation insofar
as it relates to motor vehicles or the operation thereof.
As used herein, the following terms shall have the meanings
set forth below:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
Any bottle, glass or other receptacle suitable for or used
to hold any liquid.
Any highway, street, sidewalk, park, playground, shopping
center or any other place to which the public may have access, including,
but not limited to, the parking lot of any commercial, industrial
or professional establishment, but excluding those places wherein
the use and consumption of alcoholic beverages is authorized pursuant
to a license or permit issued under the Alcoholic Beverage Control
Law of the State of New York.
This chapter shall apply to all persons on public lands in the Town, except as provided in § 110-3C above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person who shall violate the provisions of this chapter
or the rules and regulations adopted hereunder shall be guilty of
a violation and shall, upon conviction, be liable to a fine not exceeding
$250 or imprisonment for a term not exceeding 15 days, or both.