[HISTORY: Adopted by the Town Board of the Town of Pine Plains 11-6-1978 by L.L. No. 5-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 193.
The Town Board of the Town of Pine Plains recognizes that the
use of alcoholic beverages within public places and areas in the Town
of Pine Plains must be adequately controlled and regulated so as to
prevent public disorder, littering and other acts that affect the
health, safety and welfare of the residents of the Town of Pine Plains.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes beer, wine, liquor and all other alcoholic beverages
as more specifically defined by § 3 of the New York State
Alcoholic Beverage Control Law or mixtures which include in part alcoholic
beverages.
Any bottle, glass, cup or other article containing any alcoholic
beverage or mixtures which include in part alcoholic beverages. For
the purpose of this chapter, a container shall be deemed open if the
bottle's or distiller's original seal has been broken.
A place to which the public or a substantial group of persons
has access and includes but is not limited to public highways, streets,
sidewalks, public ways, alleys, parking lots, parking areas, and any
other places open or used by the general public, including such areas
owned or maintained by the Town of Pine Plains. The ballfield areas
are exempt during such times as night ball games are in progress.
[Amended 7-7-1983 by L.L.
No. 3-1983[1]]
A.
No person shall carry, transport or have in his possession in any
public place any open, resealed or partly empty bottle, can, container
or similar article containing an alcoholic beverage of any kind or
description with intent to consume the same in public places.
[Amended 7-7-1983 by L.L.
No. 3-1983]
B.
No person shall break, leave, discard or deposit in any manner any
glass, bottle, glassware, crockery, can or container of any kind,
make or description in any public street, sidewalk, park, parking
area or public place of any nature within the Town of Pine Plains.
C.
No person shall consume any alcoholic beverage in a public place
other than a permitted public place as defined under this chapter.
Violations of this chapter shall constitute a violation as defined
in the Penal Law of the State of New York.
[Amended 11-3-1980 by L.L. No. 3-1980]
The penalties for violation of this chapter shall be a fine
not exceeding $50 or imprisonment in jail for 10 days, or both such
fine and imprisonment, for the first offense; for a second offense,
a fine not exceeding $100 and imprisonment for not over 30 days, or
both.
This chapter shall not extend to activities conducted by civic
or not-for-profit organizations which have been authorized by the
State of New York to dispense alcoholic beverages if such activities
take place in public places and prior permission has been obtained
from the Town Board to conduct such activities in public places.
Nothing contained herein shall be construed to prohibit residents
from consuming alcoholic beverages within and on private property.
Private property shall not include vehicles located in public places
as defined in this chapter.
