[HISTORY: Adopted by the Town Board of the Town of Carmel as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages in parks — See Ch. 108.
[Adopted 7-19-1977 by L.L. No. 2-1977
(Ch. 3 of the 1972 Code)]
This article shall be known and cited as the "Town of Carmel Local Law
Regulating Consumption of Alcoholic Beverages in Public Places."
The Town of Carmel recognizes that consumption of alcoholic beverages
in public places must be adequately controlled so as to prevent public disorder,
nuisances, littering and other acts and conditions detrimental to the health,
safety and welfare of the residents of the Town, and this article is intended
to provide such control and regulation.
As used herein, the following words shall have the meanings below set
forth:
Includes all such beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, mall or any other place to which the public or a substantial group
of persons has access, but excluding those public places wherein the use and
consumption of alcoholic beverages is authorized pursuant to a license or
permit issued under the Alcoholic Beverage Control Law.
[Amended 5-17-2006 by L.L. No. 3-2006]
A.
Public places.
(1)
No person shall consume or ingest any alcoholic beverage in any
public place within the Town of Carmel. Carrying on the person, holding or
possessing any open, unsealed, resealed or partially full bottle, can or container
of an alcoholic beverage in a public place as hereinabove defined shall constitute
prima facie evidence of a violation of this section.
(2)
No person under the age of 21 shall be in an intoxicated condition
in any public place within the Town of Carmel. For purposes of this section,
evidentiary proof that a person under the age of 21 is in an intoxicated condition
shall be the same as the evidentiary proof necessary to establish that a person
is in an intoxicated condition under New York State Vehicle and Traffic Law
§ 1192, Subdivision 3.
B.
Vehicles. Any open, unsealed, resealed or partially full
bottle, can or container which contains an alcoholic beverage, found in any
vehicle in any such public place, shall be presumptive evidence that the same
is in the possession of all the occupants of said vehicle and in the possession
of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places or possessing open, unsealed, resealed or partially empty bottles,
cans or containers of such alcoholic beverages shall not apply nor be a violation
of this article in the event of a gathering, function or event which has been
granted special permit by the Town Board of the Town of Carmel or its authorized
official.
Any person, upon conviction for violation of this article, shall be
guilty of a violation as defined in Article 10, § 10.00, Subdivision
3, of the Penal Law, which shall be punishable by a fine not to exceed $250
or by imprisonment for 15 days, or by both such fine and imprisonment.
[Adopted 9-20-2006 by L.L. No. 6-2006]
The Town Board of the Town of Carmel finds that parties on private property
where alcohol is consumed by minors are harmful to the minors themselves and
to the community where such parties are held; that police ability to arrest
and charge the host of a party where alcohol is being consumed by minors on
private property will result in a decrease in abuse of alcohol by minors,
physical altercations and injuries, neighborhood vandalism, and excessive
noise disturbance, thereby improving public safety; that large parties, gatherings
or events on private property where minors are consuming alcohol are determined
to be a threat to the peace, health, safety, or general welfare of the public;
and that police response to such parties, gatherings or events causes a drain
of manpower and resources and, in some cases, leaves other areas of the Town
with inadequate police protection. The Town of Carmel finds and declares that
the purpose of this article is:
A.
To protect public health, safety and general welfare;
B.
To enforce laws prohibiting the consumption of alcohol
by minors; and
C.
To reduce the costs of providing police services to parties,
gatherings or events requiring a police response by requiring hosts of such
parties, gatherings or events to ensure that minors are not consuming alcoholic
beverages.
For purposes of this article the following definitions apply:
Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine from whatever
source or by whatever process produced.
Means and 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, except that confectionary
containing alcohol, as provided by Subdivision 12 of § 200 of the
Agriculture and Markets Law, shall not be regarded as an alcoholic beverage
within the meaning of this section.
Means and includes any fermented beverages of any name or description
manufactured from malt, wholly or in part, or from any substitute therefor.
Includes the salaries and benefits of police officers or other code
enforcement personnel for the amount of time actually spent in responding
to, or in remaining at, the party, gathering or event and the administrative
costs attributable to the incident; the actual cost of any medical treatment
to injured police officers or other code enforcement personnel; the cost of
repairing any damaged Town equipment or property; and the cost arising from
the use of any damaged Town equipment in responding to or remaining at the
party, gathering or event.
A person who, under court order, is the guardian of the person of
a minor, or a public or private agency with whom the minor has been placed
by the court.
Any person under 21 years of age.
Any person who is the natural parent, adoptive parent, or step-parent
of a minor.
A group of persons who have assembled or are assembling for a social
occasion or social activity.
A.
Except as otherwise permitted by law, no person shall
host, suffer, permit, organize, or allow a party, gathering or event at his
or her place of residence or other private property, place or premises under
his or her control where three or more minors are present and alcoholic beverages
are being consumed by any minor.
B.
This section does not apply to conduct between a minor
child and his or her parent or guardian.
C.
This section does not apply to any location or place
regulated by the New York State Liquor Authority.
Any person violating this article shall, upon conviction, be guilty
of a Class A misdemeanor punishable by up to one year in jail and/or a $3,000
fine.
The Town of Carmel does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of this article through other legal remedies or procedures. The provisions of §§ 39-9 and 39-10 hereof are in addition to any other statute, ordinance or law. Section 39-9 in no way limits the authority of police officers, peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by § 39-9, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of the laws of the State of New York arising out of the same circumstances described in § 39-9.
