[HISTORY: Adopted by the Board of Trustees of the Village of Monroe as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-1973; amended in its entirety 8-2-1983 by L.L. No. 7-1983 (Ch. 29, Art. IV, of the 1968 Code)]
It is the intent of the Village of Monroe, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the village by enacting this article, since it is the finding of the Village Board that the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the village in that such possession contributes to the development of unsanitary conditions and the creation of nuisances, including, but not limited to, littering and raucous or other disorderly behavior. It is further the intent of the Village Board that this article not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- 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.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- MOTOR VEHICLE
- Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power.[Added 2-15-2000 by L.L. No. 1-2000]
- PUBLIC LANDS
- Any highway, street, sidewalk, park or playground or in the parking lot of any shopping center.
- The Village of Monroe, New York.
It shall be a violation of this article for any person to:
Consume any alcoholic beverages on any public land within the village.
Have in his possession any open container containing any alcoholic beverage on any public lands within the village.
Have within his possession for the purpose of consumption on public lands, either by himself or another person, any open container containing an alcoholic beverage on any public lands within the village.
Drinking in motor vehicles.
[Added 2-15-2000 by L.L. No. 1-2000]
The drinking of alcoholic beverages or the possession of an open container containing an alcoholic beverage in a motor vehicle being driven upon or parked on public highways or in a public area is prohibited.
The provisions of this subsection shall not apply to unsealed/open containers containing an alcoholic beverage in which the unsealed/open container is not accessible to the driver's compartment or any passengers in the motor vehicle.
The provisions of this subsection shall not be deemed to prohibit the drinking of alcoholic beverages or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the Department of Transportation or the United States Department of Transportation.
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the village.
The foregoing prohibition shall not apply to the transportation of an unsealed but not open container across public lands of the village from one point to another, with no intent to consume the contents of such open container while upon public lands.
The foregoing prohibition shall not apply to outdoor sidewalk cafes as defined under the Village Code.
[Added 5-7-2013 by L.L. No. 3-2013]
This article shall apply to all persons on public lands in the village, except as provided in § 67-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the village in violation of the Vehicle and Traffic Law of the State of New York.
Possession of an open container of an alcoholic beverage in or on any public lands shall be admissible in any trial or proceeding as presumptive evidence of an intent to consume.