Tonawanda, NY Public Conduct: Public Alcohol Use (2026)

Town of Tonawanda Code § 41-3 makes it unlawful for any person, acting alone or with others, to possess an open container of an alcoholic beverage on public land within the town, outside the Village of Kenmore, which governs itself. Section 41-2 defines "public lands" to include all public highways, streets, sidewalks and parking lots, plus all parks, playgrounds, recreation facilities and recreation areas owned and maintained by the Town of Tonawanda, and any buildings or structures on them. A "container" is any bottle, can, glass or other receptacle used to hold liquid.

The Town Board adopted the chapter on May 12, 1980 by Local Law No. 5-1980 after finding that open containers on public lands promote unsanitary conditions and nuisances. Section 41-4 carves out exceptions for fairs, picnics and community or family gatherings under a special permit: requests for a park, playground or recreation facility needing a Chapter 142 special facility permit go to the Recreation Department, requests for other park areas go to the Recreation or Police Department, and requests covering streets, sidewalks or parking lots go to the Town Board, which issues the permit by board resolution and can revoke it for violating its conditions.

The ban also does not reach premises holding a State Liquor Authority license where the Town Board has authorized the license application. Section 41-5 applies the chapter to all persons on public lands outside Kenmore, separate from Vehicle and Traffic Law § 1227's own ban on drinking while driving.