[HISTORY: Adopted by the Common Council of the City of Plattsburgh 9-28-1983 by L.L. No. 1-1983 (Ch. 129 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 249.
A. 
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the City of Plattsburgh, New York, by prohibiting the consumption of alcoholic beverages in public places within the City. The Common Council finds that possession of an open container of an alcoholic beverage in a public place within the City has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the peace, littering of public places and destruction of property.
B. 
The Common Council finds further that preservation of the public welfare and prevention of conditions which lead to conduct disturbing the peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of alcoholic beverages in public places and by prohibiting the possession of an open or unsealed container of alcoholic beverage in any public place.
[Amended by L.L. No. 9-2004; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended by L.L. No. 3-2000; L.L. No. 2-2001]
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Shall have the meaning set forth in Alcoholic Beverage Control Law § 3.
CITY
The City of Plattsburgh, New York.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
FORGED INSTRUMENT
Shall have the meaning set forth in Penal Law Article 170.
INTENT TO CONSUME
Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or building in the City.
[Amended by L.L. No. 3-2000; L.L. No. 2-2001]
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage in any public place within the City.
B. 
Have in his possession with intent to consume an open or unsealed container of an alcoholic beverage while in any public place.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Present a forged instrument that falsely represents his identity or age to a person who sells alcoholic beverages.
D. 
Possess a forged instrument with knowledge it is forged and with intent to defraud, deceive or injure another.
[Amended by L.L. No. 9-2004]
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession of an open or unsealed container of an alcoholic beverage, in a public place where the same is authorized by license or permit under state or City laws and regulations.[1]
[1]
Editor's Note: Original § 129-5 of the 1989 Code, Applicability, which immediately followed this section, was repealed by L.L. No. 9-2004.
[Amended by L.L. No. 3-2001; L.L. No. 2-2001; L.L. No. 9-2004; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
A person found guilty of violating § 120-3C or D shall be sentenced to pay a fine of up to $500.
B. 
A person found guilty of violating § 120-3A or 120-3B shall be guilty of an offense punishable by a fine of not less than $150 nor more than $250 for the first offense; and up to $250 for each successive offense within one year of the first offense.