[HISTORY: Adopted by the Town Board of the Town of North Salem 2-13-1979
by L.L. No. 1-1979. Sections 30-4, 30-5 and 30-6 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments
noted where applicable.]
This chapter shall be known and cited as the "Town of North Salem Law
Regulating Consumption of Alcoholic Beverages in Public Places."
The Town of North Salem recognizes that consumption of alcoholic beverages
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 Town, and this chapter is intended
to provide such control and regulation.
As used in this chapter, the following terms shall have the meanings
indicated:
All beverages as defined in § 3 of the Alcoholic Beverage
Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, mall or any other place to which the public or a substantial group
of persons has access, but excluding those public places wherein the use and
consumption of alcoholic beverages is authorized pursuant to a license or
permit issued under the Alcoholic Beverage Control Law.
A.
No person shall consume or ingest any alcoholic beverage
in any public place within the Town of North Salem. Carrying on the person,
holding or possessing with the intent to consume any open, unsealed, resealed
or partially full bottle, can or container of an alcoholic beverage in a public
place as hereinabove defined shall constitute prima facie evidence of a violation
of this section.
B.
Any open, unsealed or partially full bottle, can or container,
which contains an alcoholic beverage, found in any vehicle in any such public
place shall be presumptive evidence that the same is in the possession (with
the intent to consume) of all the occupants of said vehicle and in the possession
(with the intent to consume) of the person last having control and custody
of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places or possessing with the intent to consume open, unsealed, resealed or
partially empty bottles, cans or containers of such alcoholic beverage shall
not apply nor be a violation of this chapter in the event of a gathering,
function or event sponsored by a local Fire Department, recognized civic organization
or recognized church organization, or an event which has been granted a permit
by resolution of the Town Board of the Town of North Salem or its authorized
officials.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
