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HomeMy WebLinkAboutSection 09 SECTION 9 ,. •i ./1:11LL ORDINANCE RELATINJ TO OPEN ALCOHOLIC BEVERA3E CONTAINERS re it enacted by the Town Board of the Town of Newfield that the following Ordinance pertains to the prohibition of open alcoholic beverage containers within the Town of Newfield , New '.'ork, and penalties for violation. ARTICLE I DEFINITIONS Section 1. "Alcoholic beverage" shall mean liquor, beer, wine , whiskey, or other spirits containing alcohol and used for human consumption. Section 2 , "Public street or highway" shall mean any highway, road, street, avenue ; public way, public driveway or any other public place . Section 3, "Public place" shall mean publically owned property and privately owned property customarily open to the public for commercial or other purposes including but not limited to parking lots aid mobile home park roads . ARTICLE II OPEN ALCOHOLIC BEVERAGE CONTAINERS PROHIBITED Section 1, Except as otherwise provided in this ordinance , no person shall have, possess , carry, or transport alcoholic beverages in or upon any public sidewalk, street, highway, right of way, public place or park in the Town of Newfield in open bottles , cans , or other - open containers, and no person shall drink or otherwise consume I i I I i 1 ± r . alcoholic beverages in or upon any public sidewalk, street, high- way, right of way, public place or park in the Town of Newfield. Section 2. This ordinance shall not apply to or within the boundaries of any state park or forest land within the Town of Newfield nor shall it apply to any private property where the in- dividual in lawful possession of such property has expressly given consent to such activity. ARTICLE III PUBLIC EVENTS Section 1. Suspension of this ordinance for the purposes of specific public events sponsored by charitable or not-for-profit organizations shall be permitted at the discretion of the Town Boa d. Section 2. Application for suspension of this ordinance shall be made in writing by the organization sponsoring any public event specifying the date of such event, the time it will begin and end, and designating the location at which it will be held. Written consent of the owner of the site if different than the sponsoring organization shall also be submitted at the time of application. Application shall be made upon reasonable notice prior to the scheduling of any public event. ARTICLE IV PENALTIES FOR VIOLATION Section 1. The violation of any of the provisions of this section shall be punishable by a fine of not more than One Hundred ($100. 00) dollars and/or not more than fifteen (15) days in jail . ARTICLE V VALIDITY AND EFFECTIVE DATE Section 1 . The invalidity of any section, clause, sentence o, -2- • : ''`povision of 'this ordinance shall not affect the validity of any 1' d..-other part or provision which can be given effect without such invalidated part or parts . Section 2 . This ordinance shall be effective ten (10) days after publication and posting as required by Section 133 of the Town Law. • • Adopted by the Town Board of the Town of Newfield at the regular meeting of October 14 , 1981. • -3- • ORDINANCE AMENDING ORDINANCE RELATING TO OPEN ALCOHOLIC BEVERAGE CONTAINERS Be it enacted by the Town Board of the Town of Newfield that the following Ordinance shall amend the Ordinance Relating to Open Alcoholic Beverage Containers heretofore adopted by the Town of Newfield, New York. ' Section 1 ARTICLE II, Section 1 shall henceforth read: "Except as otherwise provided in this ordinance, no person shall have, possess, carry, or transport alcoholic beverages in or upon any public sidewalk, street, highway, right of way, public place or park in the Town of Newfield in open bottles, cans , or other open containers with the intenL to consume the same in or upon any public sidewalk, street, highway, right of way, public place or park in the Town of Newfield, and no person shall drink or otherwise consume alcoholic beverages in or upon any public sidewalk, street, highway, right of way, public place or park in the Town of Newfield. " Section 2 This ordinance shall be effective ten (10) days after publi- cation and posting in accordance with Section 133 of the Town • Law.