Local Law No. 1 of the year 1980
Entitled: AN ACT TO RESTRICT THE POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON PUBLIC LAND
Be in enacted by the Town Board of the Town of Hanover as follows:
Section 1. Legislative Intent.
It is the intent of the Town of Hanover as an exercise of its police power to promote the general health, safety and welfare of the residents of the Town of Hanover by enacting this local law, since it is the finding of the Town Board that the possession of open containers of alcoholic beverages by persons on public land, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Town of Hanover in that such possession contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Town Board of the Town of Hanover that this local law not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
Section 2. Definitions
For the purpose of this local law, the following terms shall have the meaning 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 Lands-any highway, street, sidewalk, park, playground, public parking lot or other public land.
Section 3. Possession on Public Lands Prohibited
No person shall have in his possession any open container containing an alcoholic beverage on any public land within the Town of Hanover.
Section 4. Exceptions to Prohibition
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Town of Hanover and at which consumption of alcoholic beverages shall be permitted during those hours when such function is open to the public.
Section 5. Applicability of Provisions
This local law shall apply to all persons on public lands in the Town of Hanover, except as hereinbefore provided, but shall not apply to any person drinking alcoholic beverage while operating a motor vehicle upon any public highway within the Town of Hanover in violation of Section 1227 of the Vehicle and Traffic Law of the State of New York.
Section 6. Penalties for Offenses
Any person or persons, association or corporation committing an offense against this local law or any section or provisions thereof is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment.
Section 7. Severability
Should any provision of this local law be judicially determined to be invalid, the remaining provisions shall continue in full force and effect.
Section 8. This local law shall take effect immediately.
