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1980 – No.2 – Regulating Open Containers in Public Places

Section 1. Legislative Intent.
It is the intent of the Village of Sackets Harbor as an exercise of its police power to promote the general health, safety and welfare of the residents of the village by enacting this local law since, it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such possession contributes to the development of unsanitary conditions and the creation of a nuisance, it is further the intent of the Board of Trustees of the Village of Sackets Harbor that this local law not be considered as a traffic regulation insofar as it relates to motor vehicles or the thereof.

Section 2. Definitions.
For the purposes of this local law, the following shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage.
•(a) “Alcoholic beverage” shall mean and include alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
•(b) “Container” shall mean any bottle, can, glass or other receptacle suit­able for, or used to hold any liquid.
•(c) “Public lands” shall mean any highway, street, sidewalk, park, playground area or other publicly owned property within the Village of Sackets Harbor.
•(d) “Village” shall mean the incorporated Village of Sackets Harbor.

Section 3. Prohibition of Possession or Consumption in Public Places.
No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverage in an open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreation area, within the Village of Sackets Harbor. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Village of Sackets Harbor.

Section 4. Exceptional; Permit Required; Issuance.
(a) The Village Board may in its discretion issue to any individual or organization who or which applies for same pursuant to the provisions of this Section a special permit for the possession and consumption of alcoholic beverages. The Village may, in granting any such special permit~ limit the possession and consumption of alcoholic beverages on public lands to specific public lands and/or time periods or dates.
(b) Any individual or organization desiring a special permit shall apply for same in writing to the Village Clerk at least ten (10) days in advance of the first date for which the permit is requested. No particular application form shall be required, however, such application shall:

(i) be signed by the applicant or its authorized officer;
(ii) state the reason(s), purpose(s), occasion(s) or event(s) for which the permit is requested;
(iii) state the applicant’s willingness and agreement to assume full legal responsibility for: properly supervising the even (s) for which this permit is requested and the conduct of the persons in attendance; clean-up and restoration of the premises to their condition prior to the event(s); and the method, means or manner by which the applicant proposes to accomplish the above; and
(iv) state the agreement of the applicant to save harmless and indemnify the Village of Sackets Harbor from any claim~ loss or liability except for any liability arising from the Village’s negligence.

(c) The Village may, but shall not be required to, provide application forms for a special permit to assist its residents. No applicant shall be required to use any such form, but the failure of any application to include the information required by this Section shall be grounds for denial of the application for such special permit.
(d) The Village Board in its discretion may waive the ten (10) day requirement of Section 4(b) provided all other requirements are satisfied.
(e) In the event a special permit is issued, no alcoholic beverage shall be possessed or consumed on public lands other than during the time(s) and at the location(s) authorized by or specified in the permit.
Section 5. Application.
Except as provided in Section 4 above, this local law shall apply to all persons on public lands in the Village but shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village of Sackets Harbor in violation of Section 1227 of the Vehicle and Traffic Law of the State of New York.

Section 6. Penalties.

Each violation of this local law shall be punishable by a fine not exceeding TWO HUNDRED FIFTY AND 00/100 DOLLARS ($250.00) for each offense. A violation of this local law shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person.

Section 7. Validity.
Should any provision of this law be judicially determined to be invalid, the remaining provisions shall continue in full force and effect.

Section 8. Construction and Effective Date.
This local law shall take effect immediately on its filing with the Secretary of State and is intended to and shall repeal and supersede Local Law No 2 of 1977 (“Open Container”), Open Container Ordinance Amendment adopted May 16, 1974, which became effective June 1, 1974, and “Open Container Ordinance” adopted December 18, 1971.

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