[Adopted 6-7-1999 by Ord. No. 1392 (Secs. 602.03 and 602.99b
of the 1982 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Includes, but shall not be limited to, alcohol, malt or brewed
beverages or wine, as defined in 47 P.S. § 1-102.
Includes, without limitation, any receptacle, vessel or device
capable of holding, storing or shipping alcohol. "Container" also
includes the original can, bottle, box, vat or keg provided by the
original distributor or manufacturer, as well as any and all glasses,
mugs, cups or other similar devices from which liquids are customarily
consumed.
With respect to the prohibition against the possession of
an open container of an alcoholic beverage, means that the original
container in which the alcoholic beverage was purchased has been unsealed,
and any amount of alcoholic liquid remains in it, whether or not the
container itself has been placed in any wrapping, bag or other device
so as to conceal from view, either partially or totally, said container.
Includes but shall not be limited to:
A.
Any and all buildings, lands, parks, swimming pools or vehicles owned,
possessed or leased by the Borough;
B.
Any and all public streets, roads, avenues, sidewalks or thoroughfares
in the Borough; and
C.
Any parking lot open to the general public and generally available
for use by the public with or without the payment of a fee. For the
limited purpose of this section, such a parking lot shall be deemed
a public way such that the consumption of alcohol and/or the display
and/or possession of an open container of an alcoholic beverage shall
be prohibited.
A.
No person shall consume any alcoholic beverage, as set forth in the definition of "alcoholic beverage" in § 110-8 hereof, in any form, whether in original form, mixed or diluted to any degree, while in or upon any public way in the Borough.
B.
No person
shall possess or display any open container of an alcoholic beverage
in or upon any public way of the Borough.
C.
No person shall consume any alcoholic beverage or display or possess an open container of an alcoholic beverage upon the private property of another without the consent of the owner of said property. To the extent any person attempts to give consent contrary to the prohibition set forth in Subsection C in the definition of "public way" in § 110-8, the same shall be void.
This article shall not prohibit, nor shall it make illegal,
any of the following:
A.
Any sale, possession or consumption of alcohol which would otherwise be legal under the Pennsylvania Liquor Code of April 12, 1951, P.L. 90, Article I, Section 101 et seq. (47 P.S. § 1-101 et seq.);
B.
The possession, consumption, sale or display of any lawful medication
having any alcoholic content, whether a prescribed medication or an
over-the-counter medication; or
C.
Any activity which would otherwise be prohibited by this article,
except where a valid permit has been issued by the Borough for activities
commonly known as "street or block parties."
Whoever violates any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 for the
first offense, not less than $200 for the second offense, and not
less than $600 for any subsequent offense occurring within any consecutive
one-year period calculated from the date of the first offense, and/or
be imprisoned for a period not to exceed 90 days for each and every
offense.
