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HomeMy WebLinkAbout1981_1_7_Local_Law_No_1 f (Please Use Ibis Form for Filing your Local Law with the Secretary of Stale) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new male. �r#RAI4' n of..................Mamason .. eck....................... ........................................................ Tow Local Law No.................1..................................... of the year 19 i I....... A local law Alcoho lUic...Beverages..in...the.... (larerl liUa} Town of Mamaroneck Be it enacted by the .........awn3.9ard................................................................................. of the ([Vrme of I,eRirlrlire 8od7} �4t4tRL� of...................Mamaroneck ..... . .......---.............................................. as follows: Town ................................... .................................. YAK: Section 1. Title' The Local Law 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. -- Section-2. Legislative Intent 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 detri- mental to the health, safety and welfare of the residents of the Town, and this Local Law is intended Lo provide such control and regulation. Section 3. Definitions As used herein, the following words shall have the meanings below set forth: 3.1 "Alcoholic beverages" shall mean and include all such beverages as defined in Section "3" of the Alcoholic Beverage Control Law of the State of New York. 3.2 "Container" shall mean any bottle, can, glass, cup or similar receptacle suitable for, or used to hold any liquid. 3.3-1 "Public Place" shall mean the following: A. Any highway, street, sidewalk, park, playground, or school (public or private). B. The parking lots of shopping centers, schools, churches, or other religious institutions, and train station. C. Without limiting the generality of the foregoing, any other place to which the public or a substantial group of persons has access. V'(lf additional space is needed, please attach sheets of the same size as this and number each) Page 1 3.3--1L Not withstanding the foregoing, the following shall not be deemed public places for the purpose of this Local Law: A. 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. -- - B. The interior of the building premises of any Firehouse within the Town of Mamaroneck. C. The interior of any premises of any business 'establish- meat within the Town of Mamaroneck. D. The interior of any building occupied for the use as a Church, Synagogue, or other House of Worship. B. 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 Cleric. 3.4 "Transportation facility" means any conveyance, (other than the interior of a train) premises, or place used for in connection with public or private passenger transportation, whether by railroad, motor vehicle or any other method. Section 4. 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 possessing any open can or container which contains an alcoholic beverage in a public place as herein above defined shall constitute prima-facie evidence of a violation of this section. Section 5. Any open full 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. Section 6. The foregoing prohibition against drinking alcoholic beverages in public places and transportation facilities or possessing open bottles, cans, or containers of such alcoholic beverage shall not apply nor be a violation of this Local Law 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. Section 7. Penalties Any person upon conviction for violation of this Local Law shall be guilty of a violation as defined in Article 10, Section 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 Twenty--Five ($25) Dollars. For a second or subsequent offense by payment of a fine not exceeding T"wo-Hundred and Fifty ($250) Dollars or by imprisonment for a term not to exceed Fifteen (15) Days, or by both such fine and imprisonment. Section 8. Saving Clause If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. i This law shall become effective as prescribed by Law.