[HISTORY: Adopted by the Town Board of the Town of Chester as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-1-1980 by L.L. No. 3-1980]
The Town Board of the Town of Chester finds that the transporting of
alcoholic beverages in open containers on any public highway, in public parking
lots or lands owned by the Town of Chester, except under certain conditions
set forth in this article, is detrimental to the health, safety and welfare
of the citizens of the Town of Chester, causes unsightly and unsanitary conditions
and creates a nuisance.
No person shall have, possess, carry or transport liquor, wine, beer
or other alcoholic beverages in open containers while such person is on any
public highway, in any public parking lot or on any lands owned by the Town
of Chester, or in any vehicle on any public highway, in any public parking
lot or on any lands owned by the Town of Chester. As used in this article,
a "public parking lot" is a parking area for one or more vehicles designed
to be used by patrons of any commercial, industrial, professional or eleemosynary
place of business, including but not limited to such enterprises as may be
duly licensed for the sale and consumption of alcoholic beverages on the premises.
An open container in any vehicle in violation of this article shall
be presumptive evidence that the open container is in the possession of all
the occupants of the vehicle.
This article shall not apply to any fair, picnic or other community
gathering for which special permission has been granted by the Park and Recreation
Commission of the Town of Chester and Village of Chester. Application for
the special permission shall be made in writing and signed by the parties
seeking the same, which writing shall be submitted to the Commission not less
than five days prior to the date for which the special permission is sought.
The Commission shall grant said special permission, provided that it determines
that it is in the best interests of the citizens of the Town of Chester to
do so and further provided that it determines that the sponsors of the fair,
picnic or other community gathering have taken reasonable steps to protect
the health, safety and welfare of the citizens of the Town of Chester and
to prevent unsightly and unsanitary conditions and the creation of a nuisance.
A violation of this article shall constitute an offense punishable by
a fine not exceeding $50 for each violation.
