[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 1-7-1981 by L.L. No. 1-1981 (Ch. 5A of the 1975
Code). Amendments noted where applicable.]
This chapter shall be known and cited as "Town
of Mamaroneck Local Law No. 1 of 1981, Regulating the Possession and
Consumption of Alcoholic Beverages in Public Places."
The Town of Mamaroneck recognizes that consumption
of alcoholic beverages in public places and transportation facilities
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 herein, the following words shall have
the meanings below set forth:
Includes all such 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.
"Public place" shall mean the following:
Any highway, street, sidewalk, park, playground
or school (public or private).
The parking lots of shopping centers, schools,
churches or other religious institutions, and train stations.
Without limiting the generality of the foregoing,
any other place to which the public or a substantial group of persons
has access.
Notwithstanding the foregoing, the following
shall not be deemed "public places" for the purpose of this chapter:
Any public place or transportation facility
wherein the use and consumption of alcoholic beverages is authorized
pursuant to a license or permit issued under the Alcoholic Beverage
Control Law.
The interior of the building premises of any
firehouse within the Town of Mamaroneck.
The interior of any premises of any business
establishment within the Town of Mamaroneck.
The interior of any building occupied for use
as a church, synagogue or other house of worship.
The parks and playgrounds of the Town of Mamaroneck
during the times and in accordance with the rules and regulations
prepared by the Superintendent of Recreation, approved by the Town
Board and filed with the Town Clerk.
Any conveyance (other than the interior of a train), premises
or place used for or in connection with public or private passenger
transportation, whether by railroad, motor vehicle or any other method.
No person shall consume or ingest any alcoholic
beverage in any public place or transportation facility within the
Town of Mamaroneck. Carrying on the person, holding or possession
of any open can or container which contains an alcoholic beverage
in a public place as hereinabove defined shall constitute prima facie
evidence of a violation of this section.
[Amended 7-17-1996 by L.L. No. 14-1996]
Any open bottle, can or container which contains
an alcoholic beverage found in any vehicle in any such public place
or transportation facility shall be prima facie evidence that the
same is in possession of all the occupants of said vehicle and in
possession of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic
beverages in public places and transportation facilities or possessing
open bottles, cans or containers of such alcoholic beverages shall
not apply to nor be a violation of this chapter in the event of a
gathering which has been granted a special permit by the Town Clerk
according to regulations approved by the Town Board of the Town of
Mamaroneck.
Any person, upon conviction for violation of
this chapter, shall be guilty of a violation, as defined in Article
10, § 10.00, Subdivision 3 of the Penal Law, which shall
be punishable as follows: for a first offense, by payment of a fine
not exceeding $25; for a second or subsequent offense, by payment
of a fine not exceeding $250 or by imprisonment for a term not to
exceed 15 days, or by both such fine and imprisonment.
