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Township of New Garden, PA
Chester County
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[HISTORY: Adopted by the Board of Supervisors of the Township of New Garden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 127.
[Adopted 9-11-1979 by Ord. No. 59]
For the purposes of this article, the following words or phrases shall have the meanings ascribed to them by this section:
ALCOHOL
Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
PERSON
Any natural person, corporation, partnership, joint venture, sole proprietorship, firm, association, and any other entity of whatever type.
[Added 10-5-1998 by Ord. No. 128]
PUBLIC HIGHWAY, STREET, ALLEY, WAY, PARK AND/OR BUILDING
Every place located within the Township of New Garden which is open to the use of the public as a matter of right.
It shall be unlawful for any person willfully to consume in or upon any public highway, street, alley, way, park, building, or any other public place within the Township of New Garden any beverage containing any percentage of alcohol.
The possession of an open container containing a beverage with any percentage of alcohol in or upon any public place in the Township of New Garden shall be prima facie evidence of consumption of such beverage in violation of this article.
[Amended 10-5-1998 by Ord. No. 128]
Any person who shall violate any provision of this article shall, upon being found liable thereof in any civil enforcement proceeding, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees for each and every violation. Each twenty-four-hour period during which failure to comply continues shall constitute a separate violation. This remedy shall be in addition to any other lawful remedies available to the Township.