Open Container violation in Prospect Park

t-fal wrote: or another way, is to petition the NYS wine industry to lobby for a wine exemption to the open container law at public parks and beaches.

MD20-20. Schweeet!

filmlover44 wrote: [quote=booklaw]I attended the Philharmonic concert in Prospect Park last night. There were wine and even Champagne bottles everywhere! There was no open-bottle/alcohol enforcement that I could see.

I did see one cop, but he was strolling and paying no attention to the dastardly lawbreakers.

I have a feeling that there is some kind of special permit in place during certain events...
I'm pretty sure that there is no special permit, they just turn an informal blind eye typically for that sort of event

NYTimes has a metro section article about drinking in city parks. It's just a fluff piece. They say nothing about arbitrary fines, etc that we've been discussing here.

http://www.nytimes.com/2008/07/16/nyregion/16drinking.html?_r=1&ref=nyregion&oref=slogin

-blue

Everything you always wanted to know about booze in the Parks, turning a blind eye, uneven enforcement, and mayoral encouragement, courtesy of today's NYT...
http://www.nytimes.com/2008/07/16/nyregion/16drinking.html

daver wrote: [quote=Livetotravel]Everything you always wanted to know about booze in the Parks, turning a blind eye, uneven enforcement, and mayoral encouragement, courtesy of today's NYT...
http://www.nytimes.com/2008/07/16/nyregion/16drinking.html

It's deja vu all over again!

bluecat wrote: NYTimes has a metro section article about drinking in city parks. It's just a fluff piece. They say nothing about arbitrary fines, etc that we've been discussing here.

http://www.nytimes.com/2008/07/16/nyregion/16drinking.html?_r=1&ref=nyregion&oref=slogin

-blue

Damn, I need to get up at 6:16 AM and read this shit more closely!

russmeyer wrote: Back when Giuliani cracked down heavy on it, I got ticketed for drinking a beer in the East Village. The cop was so obnoxious. He jumped out of nowhere and was screaming "Pour that out right now. Don't give me any lip!" I was shocked, people drank beers in paper bags in public for years. But anyway, he wrote me a ticket. Of course I was young and stupid and did nothing with the ticket. I probably have a warrent now.

Yeah, well don't get picked up for littering or for riding your bike on the sidewalk or you will end up in jail!

I normally ride in the street. There are two exceptions, both on Flatbush Avenue, where I lose my nerve and ride on the sidewalk: (i) going uphill on the stretch between the Botanic Garden and Prospect Park, where I am moving so slowly that cars whiz by me as if I were standing still (which I nearly am); (ii) in the first several blocks of the predominantly Caribbean shopping section, where double and triple parked cars leave only one traffic lane in each direction, and where the dollar vans seem determined to hit as many bicyclists as they can.

Livetotravel wrote: [quote=filmlover44]Yeah, well don't get picked up for...riding your bike on the sidewalk or you will end up in jail!

Now that's one that seriously pisses me off - the inconsiderate people who ride their bikes on the sidewalk - what's up with that?? I'm going to make a citizens arrest the next time someone almost runs me or my dogs over. Get on street people where you belong! This would never happen in Paris or Amsterdam or Barcelona, or Manhattan for that matter!

I strongly agree with Livetotravel.

Carmen wrote: why has this thread made it to 5 pages?

Because 5 is one of the stops on the way to 8, of course.

booklaw wrote: I normally ride in the street. There are two exceptions, both on Flatbush Avenue, where I lose my nerve and ride on the sidewalk: (i) going uphill on the stretch between the Botanic Garden and Prospect Park, where I am moving so slowly that cars whiz by me as if I were standing still (which I nearly am); (ii) in the first several blocks of the predominantly Caribbean shopping section, where double and triple parked cars leave only one traffic lane in each direction, and where the dollar vans seem determined to hit as many bicyclists as they can.

That stretch around the Garden/Library/Park is very dangerous. I assume you mean the other end of the park near Flatbush. Flatbush is as bad as Broadway in Manhattan. OT - I like that the restaurants let me take my bike inside!

To the OP, what type of wine were you drinking?

1) I'm hoping this thread goes on long enough that we find out what the original poster actually did to resolve the situation.

2) and, I've always been curious about the street tickets too. There are lots of times when I'm in the park (and a few when I too am drinking) and don't have an ID on me. I guess then you can technically get arrested for vagrancy?

I was stopped in the Union Square subway for an open bottle. I was too drunk to remember details (it was also a few years ago now...), but I guess I must've given them my license. I think if you don't have it, they'll take you "downtown," so it behooves one to carry ID at all times.

My friend paid both our tickets. He's a gentleman.

Here's to Page 6! Cheers!

You are not required by Law to carry identification. However, if you break the law, ie: Drinking in public, you must have ID to be issued a summons. Since a summons is in lieu of arrest, the offender could be arrested and charged with the offense. You do not have a 24 hours to produce ID, nor or Cops required to allow someone to deliver ID to the staion house.

Carnivore wrote: [quote=King without a crown]You are not required by Law to carry identification. However, if you break the law, ie: Drinking in public, you must have ID to be issued a summons. Since a summons is in lieu of arrest, the offender could be arrested and charged with the offense. You do not have a 24 hours to produce ID, nor or Cops required to allow someone to deliver ID to the staion house.

KWAC, if I recall correctly, this policy of arresting people instead of a summons if they don't have ID is relatively new, having just been implemented a few years ago. Is this right?

This

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes

Also, New York State Criminal Procedure Law Section 140.50

§ 140.50 Temporary questioning of persons in public places; search for
weapons.
1. In addition to the authority provided by this article for making an
arrest without a warrant, a police officer may stop a person in a public
place located within the geographical area of such officer's employment
when he reasonably suspects that such person is committing, has
committed or is about to commit either (a) a felony or (b) a misdemeanor
defined in the penal law, and may demand of him his name, address and an explanation of his conduct.

You do not have to give the officer a form of identification. You can simply state your name and address.

The policy of detaining individuals instead of giving them Desk Appearance Tickets was part of Giuliani's program. It is the subject of a great article by Michael Jacobsen called "From the “back” to the “front”: the changing character of punishment in New York City" in the book Rethinking the Urban Agenda, by John Mollenkopf. Unfortunately there is no trace of it on the tubes.

If I recall correctly, basically, the nypd began stopping and frisking people (read minorities) like crazy resulting in far fewer individuals carrying around weapons. They also began running people through the system looking for outstanding warrants when stopped for infractions that previously would not have involved that.