LL #05-1980TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO. 5 YEAR 1980
--------------------------------------
A LOCAL LAW PROHIBITING DISCARDING OF ALCOHOLIC BEVERAGE
CONTAINERS IN PUBLIC PLACES IN THE TOWN OF WAPPINGER.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
ARTICLE 1. The Town Board of the Town of Wappinger recognizes
that the consumption of alcoholic beverages within public places and
areas in the Town of Wappinger must be adequately controlled and
regulated so as to prevent public disorder, littering and other acts
that affect the health and welfare of the residents of the Town of
Wappinger.
ARTICLE 2.2-1 Alcoholic Beverages. Shall include beer, wine,
liquor and all alcoholic beverages as morespecifically defined by
section three of the New York State Alcoholic Beverage Control Law
or mixtures which include in part alcoholic beverages.
2-2 Container. A container shall be any bottle, glass, cup or
other container containing any alcoholic beverage or mixtures which
include alcoholic beverages. For the purpose of this Local Law, a
container shall be deemed open if the bottle or distiller's
originalseal has been broken.
2-3 Public Places. A place to which the public or a substantial
number of persons have access and includes but is not limited to
public highways, streets, sidewalks, public ways, alleys, parking
lots, parking areas, and other places open or used by the general
public.
ARTICLE 3. 3-1 No person shall carry, transport or have in
his possession in public place any open, resealed or partly empty
bottle, can, container or similar article containing an alcoholic
beverage of any kind or description.
3-2 No person shall break, leave, discard or deposit in any
manner glass, bottle, glassware, crockery, can or container of any
kind, make or description in any public street,sidewalk, park,
parking area or public place of any nature within the Town of Wappinger.
3-3 No person shall consume any alcoholic beverage in a public
place unless consent has been obtained from the Town Board of the
Town of Wappinger for an exemption from this local law.
ARTICLE 4. Violations of this local law shall constitute a
violation defined by the Penal Law of the State of New York.
ARTICLE 5. The penalties for violation of this local law
shall be those prescribed by the Penal Law of the State of
New York for violations (Pensl Law 080.05, Subdivision 4).
ARTICLE 6. If any privision of this local law shall be
declared to be invalid, all other provisions ther of shall
remain valid and enforceable.
ARTICLE 7. This local law shall not extend to activities
conducted by civic or not-for-profit organizations who have
been authorized by the State of New York to dispense alcoholic bever-
ages if such activities take place in public places and prior permis-
sion has been obtained from the Town Board to conduct such
activities in public places.
ARTICLE 8. Nothing contained therein shall be construed
to prohibit residents from consuming alcoholic beverages within
and on private property. Private property shall not include
vehicles located in public places as defined by this local law.
ARTICLE 9. This local law shall take effect upon its