[HISTORY: Adopted by the Town Board of the
Town of East Hampton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Beaches and parks — See Ch. 91.
[Adopted 12-15-1978 by Ord. No. 46; amended
in its entirety 11-25-1986 by L.L. No. 6-1986]
The Town Board finds that the consumption of
all forms of alcoholic beverages upon the public streets and ways
and in all other public places in the Town of East Hampton, outside
of the incorporated villages therein, by operators and occupants of
motor vehicles, motorcycles, motor-driven cycles and bicycles, as
well as by pedestrians, constitutes a nuisance and a hazard to the
health and safety of the citizens of the community. Such consumption
endangers all persons using such public streets, ways and places and
causes the littering of such areas and adjacent private properties
with bottles, cans and other containers. It is further found that
the preservation and protection of peace and good order and the protection
of the property, health and safety of the inhabitants of the Town
and of the users of all public places therein require that the unauthorized
consumption of all alcoholic beverages in such public places be prohibited.
As used in this article, the following terms
shall have the meanings indicated:
Any alcohol, spirits, liquor, wine, beer, cider and every
liquid or solid, patented or not, containing any alcohol, spirits
or other similar intoxicant and capable of being consumed by a human
being.
Any bottle, can, glass or receptacle designed or actually
used to hold any alcoholic beverage as defined herein.
[Amended 7-7-2007 by L.L. No.
29-2007 [1]]
NONSCHOOLAny place, other than the premises of a public or private school, which is of the sort defined by § 240.00 of the New York State Penal Law as a public place. This definition shall include any public building and shall include also, but not be limited to, any highway, street, avenue, alley, accessway, sidewalk, parking area, parking lot, place of amusement, park, playground, parade ground, green, shopping center or transportation facility in the Town, whether the same is publicly or privately owned, and whether such premises is vacant or improved. This definition shall not include any property containing only one or more single-family or two-family residences, any firehouse, any beach not posted by the Town as a place where alcoholic consumption is prohibited, nor any boat. For the purpose of this article, a person who is on or in a motor vehicle, motorcycle, motor-driven cycle, bicycle or other similar transportation conveyance located within any public place shall be deemed to be within said "public place."
SCHOOLAll or any part(s) of the premises of a public or private school, including buildings and/or grounds, as is designated in a formal resolution adopted by the school's governing body. To be effective under this definition, such a resolution shall refer with specificity to the premises which are being so designated and shall also refer to this definition and its effective date of adoption. Said governing body shall submit a copy of such resolution to the East Hampton Town Police and shall also submit a certified copy of the resolution to the Town Clerk, together with the cost of publishing the resolution's full text once in the Town's official newspaper. The premises so designated shall not be deemed to be a "public place" for the purposes hereof until 10 days after such publication has occurred. Any such designation of a "public place" hereunder may be revoked or amended by a similarly executed, filed and published resolution, such revocation or modification to be effective one day after publication.
No person shall consume, ingest or take internally
any alcoholic beverage, nor have in his possession any alcoholic beverage
container which has been opened for the purpose of consuming the contents
thereof, in a public place within the Town of East Hampton, outside
of the incorporated villages, except upon premises where alcoholic
consumption has been licensed by the State Liquor Authority or been
authorized by the Town Board.
[Added 7-7-2007 by L.L. No. 29-2007]
A.
Except as hereinafter provided, no person under the age of 21 years shall possess any alcoholic beverage on any Town-owned beach or parkland, as defined in Chapter 91 ("Beaches and Parks"), or other Town-owned property, with the intent to consume such beverage.
B.
A person under the age of 21 years may possess any
alcoholic beverage on any Town-owned beach, parkland or other Town-owned
property with intent to consume if the alcoholic beverage is given:
(1)
To a person who is a student in a curriculum licensed
or registered by the state education department and the student is
required to taste or imbibe alcoholic beverages in courses which are
a part of the required curriculum, provided such alcoholic beverages
are used only for instructional purposes during class conducted pursuant
to such curriculum; or
(2)
To the person under 21 years of age by that person's
parent or guardian.
C.
Any person who unlawfully possesses an alcoholic beverage
on any Town-owned beach, parkland or other Town-owned property with
intent to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer
as defined in Subdivision 33 of § 1.20 of the Criminal Procedure
Law or a police officer as defined in Subdivision 34 of § 1.20
of such law to arrest a person who unlawfully possesses an alcoholic
beverage with intent to consume. If a determination is made sustaining
such charge the court may impose a fine not exceeding $50 and/or completion
of an alcohol awareness program established pursuant to § 19.25
of the Mental Hygiene Law and/or an appropriate amount of community
service not to exceed 30 hours.
D.
No such determination shall operate as a disqualification
of any such person subsequently to hold public office, public employment,
or as a forfeiture of any right or privilege or to receive any license
granted by public authority, and no such person shall be denominated
a criminal by reason of such determination, nor shall such determination
be deemed a conviction.
E.
Whenever a peace officer as defined in Subdivision
33 of § 1.20 of the Criminal Procedure Law or police officer
as defined in Subdivision 34 of § 1.20 of the Criminal Procedure
Law shall observe a person under 21 years of age openly in possession
of an alcoholic beverage, as defined in this chapter, on any Town-owned
beach, parkland or other Town-owned property, with the intent to consume
such beverage in violation of this section, said officer may seize
the beverage, and shall deliver it to the custody of his or her department.
F.
Any alcoholic beverage seized in violation of this
section is hereby declared a nuisance. The official to whom the beverage
has been delivered shall, no earlier than three days following the
return date for initial appearance on the summons, dispose of or destroy
the alcoholic beverage seized or cause it to be disposed of or destroyed.
Any person claiming ownership of an alcoholic beverage seized under
this section may, on the initial return date of the summons or earlier
on five days' notice to the official or department in possession of
the beverage, apply to the court for an order preventing the destruction
or disposal of the alcoholic beverage seized and ordering the return
of that beverage. The court may order the beverage returned if it
is determined that return of the beverage would be in the interest
of justice or that the beverage was improperly seized.
A.
No person
shall possess, consume, ingest, or take internally any alcoholic beverage,
nor have in his possession any alcoholic beverage container which
has been opened for the purpose of consuming the contents thereof
during the hours of lifeguard protection, within 1,000 feet of the
road endings located at Indian Wells and Atlantic Avenue beaches.
[1]
Editor's Note: Section 5, Effective date, of this local law
stated that it would terminate on 9-30-2014. Local Law No. 10-2015,
adopted 5-7-2015, extended the restriction on alcohol at Indian Wells
Beach until 9-30-2015.
[Added 7-7-2007 by L.L. No. 29-2007]
No person shall urinate in any public place
or in public view, other than in a urinal or toilet, within the Town
of East Hampton, outside incorporated villages.
[Amended 7-7-2007 by L.L. No. 29-2007; 6-2-2022 by L.L. No. 17-2022]
A.
Any person
violating this article shall be subject to a penalty not to exceed
$250 or imprisonment not to exceed 15 days, or both, for each offense.
B.
Any person or entity found by the Bureau of Administrative Adjudication to have violated the provisions of § 82-3, 82-5 or 82-6, or to have failed to respond to a summons charging the same within 15 days of issuance, shall likewise be subject to the following Fine and Penalty Schedule:
[Amended 6-1-2023 by L.L. No. 11-2023]
