Pedestrian with Open Container, No Priors
My question involves criminal law for the state of: New York
I was out with some roommates at a house party the other night, and when the cops arrived, everyone was promptly pushed outside the doors and on to the sidewalk. While outside, I engaged in talks with one of the owners stating that I was simply looking for the people I came with, and once I'd found them, I would be on my way. He insisted on pointing at the cops, and then back at me. The problem here comes from my having a beer in my hand while this was happening, the wording I'd used was "I'm on a public sidewalk, just looking for my friends." The cops stated on the citation that I'd refused to leave.
I basically got picked out amidst a sea of people and made an example out of.
I was cooperative with police, respectful, gave them all my information promptly when asked. I'm also of age, 23 years old, to be specific.
I was cited to be in violation of Syracuse City Ordinance 16-47.
I'm well aware that they are fully within their right to cite me for this, because I was standing on a sidewalk with a beer in my hand (stupidly)...but I'm curious if this is simply an infraction? Or does this classify as a misdemeanor? On top of that, how much can I realistically expect to pay for this?
Re: Pedestrian with Open Container, No Priors
The ordinances indicate that the city can pursue the matter purely as a civil matter, or may seek a fine and possible jail sentence. I would try to resolve the ticket under that latter provision, "a penalty not exceeding five hundred dollars ($500.00) to be recovered by the city of Syracuse in a civil action".
Quote:
Quoting Syracuse Ordinances, Sec. 16-47. - Restrictions.
Unless otherwise authorized and except as hereinafter provided, no person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in or on any public place, public parking lot, school property, city cemetery, public park or on private property without the invitation or permission of the owner. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section. This section shall not apply:
1. Within the specific confines of those premises duly licensed for the sale or consumption of alcoholic beverages on the premises or within; or
2. At any park as permitted by the commissioner of parks and recreation pursuant to section 17-28 of the Revised General Ordinances of the city of Syracuse, as amended; or
3. At a special event for which a special permit has been issued by the chief of police or his designee.
Quote:
Quoting Syracuse Ordinances, Sec. 16-49. - Penalties.
Any person committing an offense against this article shall be guilty of an offense punishable by a fine not to exceed five hundred dollars ($500.00) in amount, or imprisonment not to exceed fifteen (15) days or both such fine and imprisonment, or to a penalty not exceeding five hundred dollars ($500.00) to be recovered by the city of Syracuse in a civil action.