[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 11-12-2013 by Ord. No.
577. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 141.
The following terms shall have the meaning indicated:
Any liquor or brewed or malt beverages as defined in the
"Liquor Code" of the Commonwealth of Pennsylvania, Act of April 12,
1951, P.L. 90, Article I, § 101 et seq., as amended (47
P.S. § 1-101 et seq., as amended).
Any container from which consumption of an alcoholic beverage
is occurring.
Any public street, road, alley, sidewalk, park, buildings,
playground, ball field, recreation areas, commons, or parking lots;
or any private parking lot open to public use (regardless if the private
parking lot establishment is open or closed for business).
It shall be unlawful for any person to consume or drink any
alcoholic beverage and/or possess an open or unsealed container containing
an alcoholic beverage upon any public access property within the Borough
of Dallastown.
It shall be unlawful for any person to consume any alcoholic
beverages and/or possess an open or unsealed container containing
an alcoholic beverage while such person is the operator of or occupant
or passenger in or on a motor vehicle which is parked, standing or
is being operated in or on any public access property within the Borough
of Dallastown. In the event of a conflict or inconsistency with or
is specifically addressed by the Pennsylvania Motor Vehicle Code,
as amended, and in particular, 75 Pa.C.S.A. § 3715, as amended,
the Motor Vehicle Code shall control.
Any person consuming or drinking an alcoholic beverage or possessing
an open container containing an alcoholic beverage, as a patron of
and within the confines of any facility or establishment licensed
to serve or dispense alcoholic beverages by the Pennsylvania Liquor
Control Board or other body pursuant to the laws of the Commonwealth
of Pennsylvania are exempt from this chapter provided such patron
remains within the confines of said facilities or establishments with
the alcoholic beverage. The "confines" of any facility or establishment
shall include any public access area designated in the license of
the facility or establishment, permitting it to serve/dispense alcohol.
Any police officer is hereby authorized to enforce this chapter
on behalf of the Borough.
Any person who shall violate the provisions of this chapter
shall be subject to a summary criminal proceeding before a magisterial
district judge as provided by the Pennsylvania Rules of Criminal Procedure,
as amended, from time to time, Upon conviction hereunder, a fine of
not less than $100 plus the costs of prosecution, including court
costs and reasonable attorney's fees incurred by the Borough
in prosecution of a violation hereunder, shall be imposed, and in
default of payment of same, to undergo imprisonment for up to five
days for the first offense; up to $250 plus the costs of prosecution
including court costs and reasonable attorney's fees incurred
by the Borough in prosecution of a violation, or in default of payment,
imprisonment for up to 10 days for the second offense; and $500 plus
the costs of prosecution, including court costs and reasonable attorney's
fees incurred by the Borough in prosecution of a violation, or in
default of payment, imprisonment for up to 30 days for the third offense
and any offense thereafter.
