[HISTORY: Adopted by the Council of the City
of New Rochelle 9-21-1982 as part of Ord. No. 194; amended in its
entirety 1-17-2017 by Ord. No.
10-2017. Subsequent amendments noted where applicable.]
No person shall drink any alcoholic beverage while in any public
place, including, but not limited to, a public street, sidewalk, highway
or any area used for public parking, nor shall any person carry or
possess any open container holding any alcoholic beverage in any such
place.
A.
No person shall carry or have in his/her possession within or upon
any public place in the City of New Rochelle any open container containing
liquor, wine, beer or other alcoholic beverage with the intent of
the possessor or another to consume the same in any public place defined
herein.
B.
The possession of an open container unwrapped or with the top exposed
in a public place as herein defined shall be presumptive evidence
that the contents of such open container are intended to be consumed
in a public place as herein defined.
C.
For the purposes of this chapter, any container labeled as a container
of an alcoholic beverage, such as a can of beer or bottle of wine,
shall be presumed to contain at least some amount of the alcoholic
beverage specified.
D.
For the purposes of this chapter, all beer and all wine, regardless
of alcoholic content, shall be presumed to be alcoholic beverages.
A.
The provisions of this chapter shall not apply to any activity sponsored
by an organization having proper license to dispense alcoholic beverages
in or upon any public place in the City of New Rochelle, providing
such organization has obtained permission from the City of New Rochelle.
An offense against the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
