As used in this chapter, the following terms shall have the
meanings indicated:
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.
ON OR ABOUT THE PERSON
The location of any container, bottle or can containing any
alcoholic beverage which is nearby, close at hand, convenient of access
and within reach of the party.
OPENED
The condition of the container whose cap, cork, top or other
closing device has been removed or the condition of a can which is
punctured or pulled open so as to break its seal.
POSSESSION
The exercising of the conscious dominion or control over
any container, bottle or can containing an alcoholic beverage.
PUBLIC PLACE
A "public place" shall be considered within the street right-of-way
of the Borough of Towanda, including the sidewalk, along with any
public grounds owned by the Borough of Towanda.
No person shall have on or about his person, possess with intent
to consume, carry or transport liquor, wine, beer or other alcoholic
beverages in opened containers in or about any public sidewalk, street,
alley, walkway, public park or playground or any other public place
in the Borough of Towanda. No person shall drink or consume liquor,
wine, beer or any other alcoholic beverages in or upon any streets,
sidewalks, alleys, walkways, public parks or playgrounds or any other
public place in the Borough of Towanda.
Any person violating this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 nor less than $50
and/or to undergo imprisonment for not more than 30 days and to pay
the costs of prosecution.
The prohibitions contained in the within ordinance shall not
apply to any person engaged or participating in any event for which
a license has been issued by the Borough of Towanda or a state or
federal government agency permitting the possession or consumption
of alcoholic beverages in or upon any public place or places in the
Borough of Towanda. The exclusion of the herein section shall be limited
to the times and places and subject to the conditions within the license.