[HISTORY: Adopted by the Board of Trustees of the Village of Hilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-1984 by L.L. No. 3-1984]
It is the purpose of this article to protect the public interest, welfare, health and safety within the Village of Hilton by prohibiting the consumption of alcoholic beverages in public places within the Village. The Village Board finds that possession of an open container of an alcoholic beverage in a public place within the Village has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Village Board finds further that preservation of the public health and prevention of conditions which lead to conduct disturbing the public peace, attributable to consumption of alcoholic beverages, can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
The following terms used in this article shall have the following meanings, unless the context requires or indicates a different meaning:
ALCOHOLIC BEVERAGE
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.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.[1]
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or Village building.
VILLAGE
The Village of Hilton.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be a violation of this article for any person to:
A. 
Consume any alcoholic beverage in any public place within the Village.
B. 
Have in possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.
A. 
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the Village; nor shall such prohibition apply to the possession of an open or unsealed container of an alcoholic beverage solely for the purpose of transporting the same without an intent or indication to consume the same in any public place.
B. 
This article shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.
Each violation of this article shall be punishable by a fine not exceeding $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.