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Local Law No.................1..................................... of the year 19 i I.......
A local law Alcoho lUic...Beverages..in...the....
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Town of Mamaroneck
Be it enacted by the .........awn3.9ard................................................................................. of the
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of...................Mamaroneck ..... . .......---.............................................. as follows:
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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.
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This law shall become effective as prescribed by Law.