Open containers of alcoholic beverages are banned on Westchester County parkways, on most public streets and sidewalks under city codes, and in county parks unless a special use permit has been issued for an event.
Westchester County parks operated by the Department of Parks and Recreation prohibit alcohol unless a permit is issued for picnic groves or rented venues. Cities such as Yonkers and Mount Vernon ban open containers on public streets, sidewalks, and parking lots. NY ABC Law Section 65 governs sales to minors and intoxicated persons. Drinking in a vehicle, even as a passenger, is barred by NY VTL Section 1227. Police can pour out the container and issue a summons; arrests are reserved for combined disorderly conduct or repeat offenses.
Open container offenses are typically violations with fines from $25 to $250. Repeat or combined disorderly conduct may upgrade the charge and trigger short-term custody.
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