Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 9-18-1984 by Ord. No. 9-1984 (Ch. 45 of the 1994 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

§ 95-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any liquid intended for human consumption containing more than 1/2 of 1% (0.005) of alcohol by volume.
INTENT TO CONSUME
Includes any of the following:
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Possession with alcohol on the breath of the possessor.
D. 
Any circumstances evidencing an intent to ultimately consume on any public lands without permission.
OPEN CONTAINER
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.
PUBLIC PLACE
Any place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground or park located within the Borough, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within a person's own private property.

§ 95-2 Prohibited acts; exception.

No person shall drink or consume an alcoholic beverage or possess with the intent to consume an open container containing an alcoholic beverage in any public place, except at a function for which a permit has been obtained from the Borough Manager or his/her designee, as may be required.

§ 95-3 Possession of open container.

Possession, with the intent to consume, of an open container containing an alcoholic beverage by any person shall create a violation of this chapter.

§ 95-4 Violations and penalties.

Any person who shall be found to have violated any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $1,000, and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.