[HISTORY: Adopted by the Common Council of the City of Plattsburgh 9-28-1983 by L.L. No. 1-1983 (Ch. 129 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 249.
A.
It is the purpose of this chapter to protect the public interest,
welfare, health and safety within the City of Plattsburgh, New York,
by prohibiting the consumption of alcoholic beverages in public places
within the City. The Common Council finds that possession of an open
container of an alcoholic beverage in a public place within the City
has led to consumption of the same, resulting in public intoxication,
disorderly conduct, disturbance of the peace, littering of public
places and destruction of property.
B.
The Common Council finds further that preservation of the public
welfare and prevention of conditions which lead to conduct disturbing
the peace attributable to consumption of alcoholic beverages can be
accomplished by the prohibition of alcoholic beverages in public places
and by prohibiting the possession of an open or unsealed container
of alcoholic beverage in any public place.
[Amended by L.L. No. 9-2004; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended by L.L. No. 3-2000; L.L. No. 2-2001]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall have the meaning set forth in Alcoholic Beverage Control
Law § 3.
The City of Plattsburgh, New York.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Shall have the meaning set forth in Penal Law Article 170.
Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any highway, street, sidewalk, park or playground or building
in the City.
[Amended by L.L. No. 3-2000; L.L. No. 2-2001]
It shall be a violation of this chapter for any person to:
A.
Consume any alcoholic beverage in any public place within the City.
B.
Have in his possession with intent to consume an open or unsealed
container of an alcoholic beverage while in any public place.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Present a forged instrument that falsely represents his identity
or age to a person who sells alcoholic beverages.
D.
Possess a forged instrument with knowledge it is forged and with
intent to defraud, deceive or injure another.
[Amended by L.L. No. 9-2004]
The foregoing prohibition shall not apply to consumption of
an alcoholic beverage or possession of an open or unsealed container
of an alcoholic beverage, in a public place where the same is authorized
by license or permit under state or City laws and regulations.[1]
[1]
Editor's Note: Original § 129-5 of the 1989
Code, Applicability, which immediately followed this section, was
repealed by L.L. No. 9-2004.
[Amended by L.L. No. 3-2001; L.L. No. 2-2001; L.L. No. 9-2004; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
