Unless the context otherwise requires, the following words and
phrases shall be construed according to the definitions set forth
below:
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.
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare,
or other public property within the Borough of Slippery Rock, nor
shall any person consume any alcoholic beverage within five feet of
any public 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.
No person shall possess any container or alcoholic beverage,
whether wrapped or unwrapped, which has been opened or on which the
seal has been broken in any manner on any public street, avenue, alley,
thoroughfare or other public property within the Borough, nor shall
any person possess any container or alcoholic beverage within five
feet of any public 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.
Provided, however, that the provisions of §§
98-2 and
98-3 above shall not apply to interior portions of any private dwelling, habitat or building, nor 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 §
98-1 hereof; and provided further that the provisions of said §§
98-2 and
98-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
Whoever shall possess, consume or use upon any public street,
sidewalk, alley or public grounds of the Borough of Slippery Rock
any alcoholic beverage, beer, wine or liquor is guilty of the offense
of disorderly conduct.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Butler County.