Chapter 81

Chapter 81
ALCOHOLIC BEVERAGES
[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia: Art. I, 8-22-1983 as L.L. No. 3-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 85.
Gambling — See Ch. 161.
Littering — See Ch. 193.
Noise — See Ch. 201.
Parks — See Ch. 209.
Peace and good order — See Ch. 213.

ARTICLE I
Open Containers
[Adopted 8-22-1983 as L.L. No. 3-1983]
§ 81-1. Title.
This Article shall be entitled “A Local Law Regulating Open Containers in Public Places.”
§ 81-2. Findings; purpose.
A. The Village Board of the Village of Fredonia, New York, finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.
B. The purpose of this Article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places and to protect the public health, safety and welfare and to promote the public good.
§ 81-3. Definitions.
For the purpose of this Article, the following terms shall have the meanings ascribed to them; all other words shall have the meanings normally ascribed to them in regular usage:
ALCOHOLIC BEVERAGE — Includes alcohol, liquor, wine, beer, cider and every liquid, patented or not, containing alcohol, wine or beer and capable of being consumed by a human being.
CONTAINER — Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC PLACE — Any highway, street, sidewalk, park, playground, public parking lot or other public place as defined by § 240.00 of the Penal Law of the State of New York.
§ 81-4. Consumption in public places prohibited.
No person shall, within the Village of Fredonia, drink or otherwise consume liquor, wine, beer or other alcoholic beverages, while such person is in or upon any public place as defined by § 81-3 of this Article.
§ 81-5. Possession of open containers in public places prohibited.
No person shall carry or have in his or her possession within the Village of Fredonia any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in § 81-3 of this Article.
§ 81-6. Presumptive evidence.
A. The possession of an open bottle or open container unwrapped or with the top exposed in a public place, as herein defined, shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.
B. An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, public park or other public place, as defined by § 81-3 of this Article, shall be presumptive evidence that the same is in the possession of all the occupants thereof.
§ 81-7. Exceptions.
This Article shall not apply:
A. To a picnic or other family community gathering at the park commonly known as “Russell R. Joy Park” on Howard Street, provided that special permission has first been granted by the Village of Fredonia Board of Trustees or its duly designated officer or department.
B. To and within the bounds of a neighborhood block party, provided that prior approval is granted by the Village Board of Trustees for the holding of the block party.
§ 81-8. Penalties for offenses.
Each violation of this Article shall be punishable by a fine not exceeding $250 for each offense or by imprisonment for a period of time not to exceed 15 days, or by both such fine and imprisonment.
§ 81-9. (Reserved)
ARTICLE II
Consumption of Alcoholic Beverages or Drugs by Minors on Private Property
[Adopted 7-22-2013 by L.L. No. 4-2013]
§ 81-10. Legislative intent.
It is the purpose of this article to protect the public interest, welfare, health and safety within the Village of Fredonia by prohibiting the service to and consumption of alcoholic beverages and drugs by persons under age of 21 at private residences located in the Village. The Village Board finds that the occurrence of social gatherings at private residences where alcoholic beverages or drugs are served to or consumed by persons under the age of 21 is harmful to such persons themselves and a threat to public welfare, health and safety. The Village Board finds further that persons under the age of 21 often obtain alcoholic beverages or drugs at such gatherings and that prohibiting such service and/or consumption will be more likely to ensure that alcoholic beverages and drugs are neither served to nor consumed by persons under the age of 21 at these gatherings.
§ 81-11. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE — Any liquor, wine, beer, spirits, cider or other liquid or solid patented or not composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person; except that confectionary containing alcohol as provided in Subsection 12 of § 200 of the Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this section.
CONTROL — The authority and ability to regulate, direct or dominate.
DRUG — Includes any substance listed in § 3306 of the Public Health Law.
HOUSE PARTY — A social gathering or otherwise, at a residence or other private property with minors present.
MINOR — Any person under the age of 21.
PERSON — A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
RESIDENCE — Any home, apartment, condominium, cooperative unit, dormitory unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
§ 81-12. Prohibition.
No person having control of any residence shall allow a party or other social event to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.
§ 81-13. Exceptions.
The provisions of this section shall not apply to:
A. The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-C of the New York State Alcohol Beverage Control Law, or any other applicable law; or
B. The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by other applicable law.
§ 81-14. Inconsistency with other laws.
A. If any part or provision of this section is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
B. If any part or provision of this section or the application thereof to any person or circumstance be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section, or the application thereof to other persons or circumstances.
§ 81-15. Penalties for offenses.
Failure to comply with § 81-12 above shall constitute a violation, punishable by a fine of not more than $500 or by imprisonment of not more than 15 days, or by both such fine and imprisonment.