[HISTORY: Adopted by the Town Board of the Town of Hyde Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1980 by L.L. No. 3-1980]
The purpose of this article is to regulate consumption of alcoholic beverages on public lands and the possession of open containers of alcoholic beverages on public lands in the Town of Hyde Park, County of Dutchess, State of New York. This article is being enacted to preserve the public peace and good order and to exercise the police power of the Town to promote the general health, safety and welfare of the residents of the Town by enacting this article since it is the finding of the Town Board that the possession of open containers of alcoholic beverages by persons on public lands, streets and sidewalks and the consumption of alcoholic beverages on public lands should be regulated, except under controlled conditions, as such is detrimental to the health, safety and welfare of the residents of the Town of Hyde Park in that such possession and consumption contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the Town Board that this section shall not be considered as a traffic regulation insofar as it relates to motor vehicles or to the operation thereof.
For the purposes of this article, the following terms shall have the meaning ascribed to them, and all other words shall have the meaning normally ascribed to them in regular usage:
- ALCOHOLIC BEVERAGES
- Includes all beverages as defined in 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.
- Exercise of dominion over the container or beverage.
- PUBLIC LANDS
- Any highway, street, sidewalk, parking lot, shopping center, school
grounds, lands owned by the municipality or in possession of said municipality
or any other place to which the public has access, including a public parking
lot or driveway for one or more vehicles used by patrons of any commercial,
industrial or professional place of business, 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 of
the State of New York.[Amended 12-17-2001 by L.L. No. 13-2001]
No person shall possess, carry, consume or transport any alcoholic beverage in any open container on any public lands, as defined as aforesaid, or in any motor vehicle, as defined by the Motor Vehicle Law of the State of New York.
The provisions of this article shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Town Board of the Town of Hyde Park.
[Amended 6-22-1981 by L.L. No. 2-1981]
Each violation of this article shall be punishable by a fine not to exceed $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each such violation shall constitute a separate violation.