[HISTORY: Adopted by the Town Board of the Town of Clay 8-18-1980 by L.L. No. 2-1980. Amendments noted where applicable.]
Parks and recreation — See Ch. 163.
This chapter shall be known and may be cited as the "Green Areas Law of the Town of Clay."
The purpose of this chapter is to establish the hours during the day that green areas can be used and to prohibit the consumption of alcoholic beverages therein without a special permit.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer or any combination thereof with any other product.
- GREEN AREAS
- Those areas within the Town of Clay, other than designated parks or recreational areas as defined in Chapter 163, Parks and Recreation, which are owned by the Town of Clay, and are maintained within or adjacent to residential tracts as forever green or wild areas, recreational areas and open spaces.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of the possessor
and/or any circumstances evidencing an intent to ultimately consume on any
public lands.[Added 8-20-2001 by L.L. No. 1-2001]
- SPECIAL PERMIT
- Any written form of permission that may hereafter be designated or adopted by the Town Clerk and/or the Commissioner of Recreation and Human Resources that sets forth the exact particulars of the intended use of a green area or the consumption of alcoholic beverages.
Green areas may be used by the public for any lawful purposes that are not otherwise restricted by this chapter or any other Town ordinance or local law, county law, or general law or statute of the State of New York.
[Amended 10-1-1984 by L.L. No. 2-1984]
No person except public employees in the performance of their official duties shall be allowed in any green area between the hours of 9:00 p.m. and 6:00 a.m.
[Amended 8-20-2001 by L.L. No. 1-2001]
No person shall drink an alcoholic beverage, or have in his possession with intent to consume any open bottle, can or other container of alcoholic beverage, while such person is in a green area unless such person shall have in his possession a special permit, lawfully issued by a Town official as hereinafter provided.
A special permit may be issued to any person or group of persons for the use of a green area during hours otherwise restricted by this chapter, or for the consumption of alcoholic beverages therein upon application being made therefor to the Town Clerk or the Commissioner of Recreation and Human Resources or such other Town official or department as the Town Board may designate from time to time. There shall be no charge for such a permit. Any violation of the terms thereof will be grounds for its immediate revocation. Such revocation of permit may be made by the issuer thereof or any police officer in the official performance of his duties.
Any person violating any of the provisions of this chapter shall be punishable, upon conviction, by a fine not exceeding $250 or a sentence to maximum term of imprisonment for a period of not to exceed 15 days, or by both such fine and imprisonment.
This chapter as to the consumption of alcoholic beverages shall amend and supersede § 163-11 of Chapter 163, Parks and Recreation, of the Town of Clay, wherein such section would be applicable to any "spurs" or "open spaces" within the Town of Clay that qualify as a green area under the definitions in this chapter.