Borough of Lewisburg, PA
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewisburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Conduct — See Ch. 142.
Loitering — See Ch. 208.
Parks and recreation areas — See Ch. 230.
[Adopted 7-16-1985 by Ord. No. 805]

§ 100-1 Definitions.

As used in this article, the following words or terms shall have the meanings and shall be construed according to the definitions indicated hereinbelow, unless a different meaning clearly appears from the context of this article:
ALCOHOLIC BEVERAGES
Any spirits, wine, beer, ale or other liquid containing more than 1/2% of alcohol by volume which is fit for beverage purposes.
CONTAINER
Any bottle, can or other vessel in which alcoholic beverages are contained.

§ 100-2 Consumption.

No person shall consume any alcoholic beverage in any quantity upon any public street, avenue, alley, sidewalk, thoroughfare, parking lot, or other public property within the Borough of Lewisburg, whether such person is on foot or is in or on a motor vehicle and whether such vehicle is moving or is stationary, nor shall any person consume any alcoholic beverage within five feet of any public street, alley, way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other party in lawful possession thereof.

§ 100-3 Possession.

No person shall possess any container of alcoholic beverage, whether wrapped or unwrapped, which is subject to public view and which has been opened or on which the seal has been broken in any manner, on any public street, avenue, alley, sidewalk, thoroughfare, parking lot, or other public property within the Borough of Lewisburg, whether such person is on foot or is in or on a motor vehicle and whether such vehicle is moving or is stationary, nor shall any person possess any container of alcoholic beverage within five feet of any public street, alley, way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other person in lawful possession thereof.

§ 100-4 Exceptions.

The provisions of §§ 100-2 and 100-3 of this article, shall not apply to interior portions of any private dwelling, habitat or building; to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 100-1 hereof; or to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.

§ 100-5 Violations and penalties.

Any person who shall violate any of the provisions of this article shall, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $300, plus costs of prosecution, and, in default of payment of such fine and costs, be imprisoned for a period not to exceed 90 days.
[Adopted 6-17-2014 by Ord. No. 1027]

§ 100-6 Definitions.

As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
BUILDING
Anything constructed or erected, the use of which requires a permanent location on the land or that is attached to something having a temporary or permanent location on the land. Tents, covered patios, open porches and decks shall be treated as buildings under this article.
DEPARTMENT
The Buffalo Valley Regional Police Department or any other police department serving the Borough of Lewisburg.
EXCLUDED PARTY
Any federal, state or local government or any agency or authority thereof or created thereby, any licensed commercial establishment, or any school district, college or university.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
[Added 7-21-2015 by Ord. No. 1036]
GATHERING
A party or event involving a group of persons who have assembled or are assembling for a social occasion or activity on private property.
PERSON
Any individual, partnership, copartnership, corporation, fraternal organization, or other entity or association consisting of one or more individuals.
POLICE COST
The cost to the Department for services rendered in responding to a call at a regulated social gathering or otherwise maintaining order and public peace and safety and stopping public disturbances at a regulated social gathering, including, but not limited to, the salaries and other compensation of police officers, appropriate administrative cost allocable thereto, prorated costs of equipment, the cost of repairing damaged Department equipment and property, and the cost of any medical treatment of injured police officers. This cost shall either be fixed from time to time for a typical police response or be determined on a case-by-case basis by the Chief of Police of the Department.
PREMISES
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park or any other place of assembly, located on private property, whether occupied on a temporary or permanent basis as a dwelling or specifically for a party or other social function and whether owned, leased, rented or used with or without permission or compensation.
PRIVATE PROPERTY
Any land, building or other structure, including, but not limited to, single and multifamily dwellings and commercial and industrial buildings, not owned or otherwise regulated and controlled by an excluded party.
REGULATED SOCIAL GATHERING
A gathering of persons for the purpose of social interaction where alcoholic beverages are served or consumed and which is attended at any one time by more than 75 persons, regardless of age.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
[Added 7-21-2015 by Ord. No. 1036]

§ 100-7 Permit required; application.

A. 
Unless the regulated social gathering is approved and authorized by an excluded party, no regulated social gathering shall be held without a permit therefor issued by the Chief of Police of the Department.
B. 
In order to obtain a permit for a regulated social gathering, the person(s) organizing, sponsoring or hosting a regulated social gathering shall file with the Department an application for the said permit on an application form provided by the Borough of Lewisburg.
C. 
A fee, as set by resolution of the Borough Council of the Borough of Lewisburg from time to time, shall accompany a permit application.[1] The fee shall include, but not be limited to, consideration of the cost of reviewing and investigating the permit application, the inspection of the premises prior to the regulated social gathering, and monitoring during the regulated social gathering.
[1]
Editor's Note: See Ch. A370, Fees.
D. 
An application for a permit for a regulated social gathering shall be filed no less than five business days prior to the date of the regulated social gathering. Failure to file a timely application for a permit may result in a denial of a permit.
E. 
The application for a permit for a regulated social gathering shall include the following:
(1) 
The name, local and permanent address, telephone number, including cell phone number, and age of all persons organizing, sponsoring, or hosting the regulated social gathering;
(2) 
The name, local and permanent address, telephone number, including cell phone number, of all persons directly responsible for the regulated social gathering, hereinafter referred to as the "responsible persons";
(3) 
The specific address and location of the regulated social gathering;
(4) 
The square footage of any and all buildings and open space on the premises that will be occupied by persons attending the regulated social gathering;
(5) 
The maximum number of persons who will attend the regulated social gathering;
(6) 
The time that the regulated social gathering will start and the time it will end;
(7) 
A description of the entertainment, if any, that will be present at the regulated social gathering;
(8) 
The identity of the vendor source of alcoholic beverages for the regulated social gathering;
(9) 
The manner in which the alcoholic beverages will be served;
(10) 
The manner in which the furnishing of alcoholic beverages or the consumption of alcoholic beverages by minors will be prevented;
(11) 
The method in which the number of persons attending the regulated social gathering will be regulated and/or controlled;
(12) 
Whether or not security will be provided and, if provided, the manner in which such security will be provided;
(13) 
Whether the regulated social gathering will be utilizing interior and/or exterior spaces; and
[Amended 7-21-2015 by Ord. No. 1036]
(14) 
A notice indicating that by signing the application the applicant(s) acknowledge the accountability and conditions set forth therein, including, but not limited to, that any police cost associated with enforcement actions required for violations associated with the regulated social gathering will be invoiced to the applicant(s).
F. 
A permit for a regulated social gathering will be granted or denied within two business days of the receipt of the application for such permit by the Department. If a permit is denied, such denial shall be in writing and delivered to the permit applicant.
G. 
If a permit is granted, the person(s) organizing, sponsoring or hosting the regulated social gathering shall have a copy of the permit readily available on the premises and produce it upon request of the Department or other proper authority.

§ 100-8 Grounds for denial of permit.

A permit for a regulated social gathering may be denied for any of the following reasons:
A. 
A violation, within 30 days prior to the submission of the permit application, of this article or Lewisburg Borough's Disorderly Gathering Ordinance No. 930[1] by any person organizing, sponsoring or hosting a regulated social gathering.
[1]
Editor's Note: See Ch. 142, Art. III, Disorderly Gatherings.
B. 
A violation, within 90 days prior to the submission of the permit application, of the Pennsylvania Liquor Code for serving alcoholic beverages to a minor or a prior conviction of any crime under the Pennsylvania Crimes Code constituting a misdemeanor or felony by any person organizing, sponsoring or hosting a regulated social gathering on any premises where a regulated social gathering was held.
C. 
Failure to provide a complete permit application, including accompanying documentation.
D. 
Failure to file a timely permit application or pay the required application fee.
E. 
An open or unresolved Property Maintenance Code violation related to the address where the regulated social gathering is to occur.
[Added 7-21-2015 by Ord. No. 1036]

§ 100-9 Rules for conduct of regulated social gatherings.

A. 
All regulated social gatherings shall be scheduled after 10:00 a.m. and end by 1:00 a.m.
B. 
No beverages shall be consumed from glass bottles or glass containers at any regulated social gathering.
C. 
One portable toilet shall be provided for every 100 persons attending a regulated social gathering.
D. 
The Department may monitor and assess the premises from time to time during the regulated social gathering to verify compliance with the regulated social gathering permit.

§ 100-10 Appeals.

The denial of a permit for a regulated social gathering may be appealed to the Borough Council of the Borough of Lewisburg pursuant to the provisions of the Local Agency Act. Such appeal shall be filed within two business days from the date of the denial of the permit.

§ 100-11 Unlawful acts.

The following shall be unlawful and constitute a violation of this article:
A. 
For any person to organize, sponsor, host, attend, or participate in a regulated social gathering in the absence of a permit therefor issued by the Chief of Police of the Department;
B. 
For the owner of the premises or any person occupying or in control of the premises to allow a regulated social gathering to take place on the premises in the absence of a permit therefor issued by the Chief of Police of the Department;
C. 
For the owner of the premises or any person occupying or in control of the premises to allow a regulated social gathering to take place or continue on the premises in violation of any special conditions imposed upon the regulated social gathering by the permit;
D. 
To furnish false information on the permit application for a regulated social gathering;
E. 
For any person who organizes, sponsors or hosts a regulated social gathering not to be identified as such organizer, sponsor or host on the permit application for the regulated social gathering;
F. 
Failure to comply with the representations set forth in the permit application for a regulated social gathering regarding the maximum number of persons attending the regulated social gathering or to comply with any special conditions imposed upon the regulated social gathering by the permit;
G. 
Serving minors alcoholic beverages or allowing the consumption of such beverages by minors at a regulated social gathering or continuing a regulated social gathering after the time limit set forth in the application;
H. 
Failure to have a copy of the regulated social gathering permit readily available on the premises and/or to produce such permit on request by the Department or other proper authority; and
I. 
Failure to disperse as provided in § 100-13A of this article.
J. 
Failure to clean up the exterior premises of garbage and rubbish by 9:00 a.m. the morning following the designated start time of a regulated social gathering.
[Added 7-21-2015 by Ord. No. 1036]

§ 100-12 Violations and penalties.

Any person violating this article shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not more than $1,000 to the Borough of Lewisburg, together with costs of prosecution, or to be imprisoned for a period not to exceed 10 days, or both. Any fines, costs or other penalties imposed under this article for violation thereof may be collected by the Borough of Lewisburg pursuant to any civil or municipal claim remedy for the collection of debts and obligations due it or as otherwise provided or permitted by law.

§ 100-13 Enforcement.

A. 
The Department shall have the authority to disperse persons, upon notice, who attend a regulated social gathering for which no permit has been issued.
B. 
In addition to any fines, costs and penalties imposed under this article for violation thereof, responsible persons may also be assessed police cost, as well as being assessed by the Department for separate police cost associated with control and dispersal issues under this article.
C. 
Nothing in this article shall limit the Borough of Lewisburg from filing an action in equity to enjoin a regulated social gathering held in violation of this article, nor limit the Department from making arrests for any violation of the laws of the Commonwealth of Pennsylvania or the ordinances of the Borough of Lewisburg.