City of Ogdensburg, NY Chapter 69 Alcoholic Beverages

[HISTORY: Adopted by the City Council of the City of Ogdensburg as indicated in article histories. Amendments noted where applicable.]

Article I Open Containers

[Adopted 5-23-1983 as Ord. No. 3-1983 (Ch. 65, Art. VII, of the 1975 Ogdensburg Municipal Code)]

§ 69-1 Findings; purpose.

A. The City Council finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.

B. The purpose of this Article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places; and to protect the public health, safety and welfare and to promote the public good.

§ 69-2 Possession and consumption restricted.

A. Public consumption prohibited. Except as provided in Chapter 149, Parks, of this Code, no person shall within the City of Ogdensburg drink or otherwise consume liquor, wine, beer or other alcoholic beverages when such person is in or upon any public sidewalk, street, highway, parking lot, bathing beach, public park or such other public place as defined by § 240.00 of the Penal Law of the State of New York.

B. Possession of open containers. Except as provided in Chapter 149, Parks, of this Code, no person shall carry or have in his or her possession, within the City of Ogdensburg any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.

§ 69-3 Presumptive evidence.

A. The possession of an open bottle or open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.

B. An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, bathing beach, public park or other public place as defined by § 240.00 of the Penal Law of the State of New York, shall be presumptive evidence that the same is in the possession of all the occupants thereof.

§ 69-4 Exceptions.

A. The provisions of § 69-2 shall not apply to any public park described in Chapter 149, Parks, of this Code when allowance therein is made for the consumption of alcohol in public places.

B. The provisions of § 69-2 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages upon public property in the city, said license having been issued by the Alcoholic Beverage Control Board of Saint Lawrence County and such organization having obtained permission from the City Manager for the granting of this exception. No fee shall be charged for the granting of this permission. This exception shall apply only to the public property in the city upon which the alcoholic beverages are dispensed.

C. The provisions of § 69-2 shall not apply to outdoor dining areas as defined in Article I, § 189-1, of Chapter 189 of the Ogdensburg Code, as amended.

[Added 7-13-2020 by Ord. No. 7-2020]

§ 69-5 Penalties for offenses.

[Added 12-7-1992 by L.L. No. 3-1992]

Any person who shall violate any provisions of this chapter, shall be punished by a fine of not less than $50 nor more than $250 or imprisonment for not more than 14 days, or by both such fine and imprisonment.