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(Plcas~ Usc this Form Cor Filing your Local Law with the Secretary or Slate) "'.' .

Text of law should be giyen as amended. Do not use brackets for matter to be eliminated 'and do not

use italics for new matter. J

~Jr¥tY

~ of .......... ~9P..~~ ................................................................................................... .

Village

Local Law No ....... ~ ...................... ; ........................... of the year 19 7.? ..... ..

A REGULATING OPEN CONTAINERS ON PUBLIC LANDS local law ................................................................................................................................................................................ .. (Inll8rt tltl .. )

Be it enacted by the ........... J!9.?:r.~ ... Q..f ... r.;I.·.\1.~:t.~!'il,,$ ...................................................................................... of the . (Nom .. of Legi.l.ti"" Body)

~

::~ of .............. ~gf!.~g'F. ...................... ; ................................................... ; .............. ~ ......................................... as follows:

Village

Section 1. LEGISLATIVE INTE.NT '. It is the intent of the Village of Hobart as an

exercise of its police pmver to promote the general health, safety and welfare of

the residents of the Village by enacting this Local Law since it is the finding of

the Board of Trustees that the possession of open containers of alcohic beverages

by persons on public lands, except under controlled conditions, is detrimental to

the health, safety and welfare of the residents of the Vil1age in that such possession

cont,ributes to the development of unsanitary conditions and the creation of nuisances.

It is further the intent of the Board of Trustees of the Village of Hobart that this

Local Law not be considered as a traffic regulation insofar as it relates to motor , • .1 .. ' ,

vehioles or the operation thereof.

Section 2. gEFINITIONS. For the purpose of the Local Law, the following shall have

the meanings ascribed to them. All other words shall have the meaning normally ascribed

to them in regular usage.

a. "Alcoholio beverage" shall mean and include alcohol, liquor, wine, beer, oider

and every liquid, patented or not, containing alcohol, wine or beer and capable of being

consumed by a hwnan being.

b. "Container" shall mean any bottle, can, glass or other receptaole suitable for,

or used to hold any liquid.

c. "Publio lands"shall mean any highway, street, sidewalk, park, playgrounds or

public parking lot.

d. "Village" shall mean the Inoorporated Village of Hobart.

Section 3. PROHIBITIOV. No person shall have in his possession any open container

containing an alcoholio beverage on any publio land within the Village.

Section 4. EXCEPTIONS. The foregoing prohibition shall not apply in the event of a fair,

pionic or other community gathering for which special permission has been granted by the

Village

Section 5. A~PLICATION. This Local Law shall apply to all p'ersons on public lands in

the Village except as provided in Seotion 4 above but shall not apply 'co any person

drinking an alcoholic beverage while ope:t:'ating a motor vehicle upon any public high.laY

withIn the Village in violatioQ of Section 1227 of the Vehicle and Traffice Law of the

State of New York.

I¥"(lf additional space is needed, please attach sheets of the same Si7..e as this and number each)".

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Section 6. PENAL'l'I~.!. Each violation of this Local Law shall be punishable by a fine

not exceeding two hundred and fifty dollars. A violation of this Local Law shall con- s·titute disorderly oonduct, and any person violating the same shall be declared a.dis- orderly person. . .

'Seotion 7. yALlpITY. Should any provlslons of this law be judicially determined to

be invalid, the remainipg provisions shall continue in full force and effect.

Section 8. EFFECTIVE DATE. This Local Law shall take effect immediately upOn filing

in the office of the Secretary of state.

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