SECTION 1.

            Legislative Intent.

A.     Purpose

The purpose of this local law is to protect and promote the safety, health and well-being of the people of the Town of Hanover, excluding the Village of Forestville and the Village of Silver Creek and to regulate the conduct of persons in the Town of Hanover excluding the Village of Forestville and the Village of Silver Creek by prohibiting the consumption of alcoholic beverages in public places and on property owned or leased by another person without the invitation or consent of such persons.

B.     Findings.

(a)    The Town Board of the Town of Hanover finds that the possession or consumption of alcoholic beverages in public streets and public places, except under certain conditions, is detrimental to the Town of Hanover, causes unsightly and unsanitary conditions, creates a nuisance and interferes with the peace and good order of said township.

(b)   The Town Board further finds that the possession or consumption of alcoholic beverages on public streets and public places is a serious, substantial and significant cause of persons (especially persons who are under the legal age for alcoholic consumption) becoming unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive and of a general character detrimental to the health, welfare, and peaceful orderliness of the community. In addition, the allowance of possession or consumption of alcoholic beverages on public streets and public places has been proven to be a significant and substantial cause in the congregation of persons who in turn significantly and substantially cause and promote unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive, and generally detrimental behavior.

(c)    The Town Board further finds that there is a significant relationship between the possession of an open or unsealed container of an alcoholic beverage on public streets or places and the general health, welfare and safety of the public and that it has been demonstrated to this Town Board that the allowance of open or unsealed containers of alcoholic beverages is the most significant and substantial factor contributing to the consumption of such alcoholic beverages.

(d)   The Town Board further finds that this local law is necessary and proper to promote the health, welfare and safety of the general public and that the restrictions on conduct created by this local law are not unduly harsh or restrictive and are necessary and proper pursuant to the police power of the Town of Hanover.

SECTION 2.

            Definitions.

            For the purpose of this local law, the following words, phases and terms and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words used in the singular number include the plural and words in the masculine include the feminine.

(a)    ALCOHOLIC BEVERAGE - Includes alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.

(b)   MOTOR VEHICLE- Every vehicle, including a snowmobile, which is or can be operated or driven upon a public highway and which is propelled by any power other than muscular power, other than a public omnibus used in the business of transporting passengers for hire.

(c)    PUBLIC PLACE- A place in the Town of Hanover excluding the Village of Forestville and the Village of Silver Creek to which the public or a substantial group of persons has access and includes, but is not limited to, highways, parking areas, parks, playgrounds, schoolyards and hospital grounds or other public places as defined by Section 240 of the Penal Law of the State of New York.

(d)   CONTAINER- Any bottle, can, glass or other receptacle suitable for or used to hold a liquid.

SECTION 3.

            Consumption and Possession Prohibited

A.     No person shall drink an alcoholic beverage or have in his possession any open bottle, can or other container of alcoholic beverage with the intent to consume such alcoholic beverage while such person is in a public place or on property owned or leased by another person without the invitation or consent of such person.

B.     No person shall drink an alcoholic beverage or have in his possession any open bottle, can or container of alcoholic beverage, with the intent to consume such alcoholic beverage, while such person is the operator of an occupant or passenger in or on a motor vehicle which is parked, standing or being operated in a public place or on the property owned or leased by another without the invitation or consent of such person, within the Town of Hanover, excluding the Village of Forestville and the Village of Silver Creek.

C.     PRESUMPTIONS

1.      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.

2.      An open bottle or open container in any vehicle while in or an public sidewalk, street, highway, parking lot, public park or other public place as defined by Section 2(c) of this local law, shall be presumptive evidence that the same is in the possession of all the occupants thereof.

D.     PERSONS LESS THAN 21 YEARS OF AGE

1.        No person less than 21 years of age shall possess any alcoholic beverage excepting on property owned by them or their parents or in the capacity of their employment.

SECTION 4.

            PENALTIES.

            A violation of this local law shall be deemed a violation and the violator shall be liable for a fine of not more than $250.00, or imprisonment not to exceed 15 days or both.

SECTION 5.

            SEVERABILITY.

            If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court or competent jurisdiction to be unconstitutional or invalid, such judgement shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgement is rendered.

SECTION 6.

            WHEN EFFECTIVE.

            This local law shallbecome effective immediately upon its filling in the manner required by law.