[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers Falls 11-13-1985 by L.L. No. 8-1985. Amendments noted where applicable.]
This chapter shall supersede and take the place of the provisions of Local Law No. 1 of the year 1976, as amended by Local Law No. 8 of the year 1984.
The Village of Wappingers Falls recognizes that the consumption of alcoholic beverages and the possession of open containers of alcoholic beverages, with the intent to consume the same, 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 village, and this chapter is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any other bottle, can, glass, cup or similar receptacle suitable for or used to hold only liquid.
- PUBLIC PLACE
- Any place to which the public or a substantial group of persons has access and includes, but is not limited to, any street, highway, sidewalk, park, playground, lobby, school or parking lot. For the purpose of this chapter, "parking lot" shall mean any area or areas of private property near or contiguous to and provided in connection with premises having one (1) or more stores or business establishments and used by the public as a means of access to and egress from such stores and business establishments.
- The incorporated Village of Wappingers Falls, New York, as its boundaries now are or may hereafter become fixed and determined.
No person shall consume an alcoholic beverage in any public place within the village and no person shall have in his or her possession in any public place within the village any open, unsealed, resealed or partially empty container containing an alcoholic beverage, with the intent to consume the contents of the same.
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for the conduct of which special permission has been granted by the village. Also excluded are those public places wherein the use or consumption of alcoholic beverages is authorized pursuant to the Alcoholic Beverage Control Law.
Any open, resealed or partially empty container containing an alcoholic beverage found in any parked or standing vehicle shall be presumptive evidence that the same is in the possession of all occupants of said vehicle; provided, however, that the provisions of this chapter shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Possession of an open, unsealed, resealed or partially empty container of an alcoholic beverage shall be presumptive evidence of intent to consume the same.
[Amended 2-12-1997 by L.L. No. 3-1997]
Each violation of this chapter shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by fine of not more than two hundred fifty dollars ($250.) or imprisonment for a period not exceeding 15 days, or both.