[HISTORY: Adopted by the Town Board of the Town of Lyons.
Amendments noted where applicable.]
A.Â
The Town Board finds that the unrestricted consumption of alcoholic
beverages in certain public places often leads to disorders 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.Â
The purpose of this chapter 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.
A.Â
Public consumption. No person shall, within the Town of Lyons, drink
or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway,
parking lot, public park or in any vehicle upon such area.
B.Â
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Lyons, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume same in any of the public places described in Subsection A of this section.
C.Â
Presumptions.
(1)Â
The possession of an open bottle or open container unwrapped or with
the top exposed in an area as hereinabove mentioned shall be presumptive
evidence that such open bottle or open container is intended to be
consumed in such area.
(2)Â
An open bottle or open container in any vehicle while in or on any
public sidewalk, street, highway, parking lot, or public park shall
be presumptive evidence that the same is in the possession of all
the occupants thereof.
The violation of any of the provisions of this chapter shall
be punishable by a maximum fine of $250 or by imprisonment for 15
days, or by both such fine and imprisonment. Each day any violation
shall continue shall constitute a separate violation.
