Borough of Downingtown, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 7-9-1980 by Ord. No. 80-5. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 203.
Peace and good order — See Ch. 207.

§ 97-1 Drinking in certain public areas prohibited.

[Amended 5-18-2016 by Ord. No. 2016-03]
A. 
No person shall drink any alcoholic beverage in any vehicle or otherwise upon the streets, sidewalks, parks, public parking lots, school or church properties or upon any private parking lots or any other private areas open to public use in the Borough of Downingtown, excluding in areas designated as part of a special event approved by the Borough Council and with the appropriate State Liquor Control Board permit.
B. 
"Alcoholic beverages" shall be defined as any liquor or brewed or malt beverage as defined by the Liquor Code of the Commonwealth of Pennsylvania, Act of April 12, 1951, P.L. 90, Article I, Section 101 et seq., as amended, 47 P.S. § 1-101 et seq., as amended.
C. 
"Special event" shall be defined as a seasonal or occasional event approved by the Borough and held on the sidewalk, street, park or other public place as defined in § 211-2 and permitted under Chapter 173, Mass Gatherings, and in accordance with all other applicable local rules and regulations.

§ 97-2 Carrying or possession in certain public areas prohibited.

[Amended 5-18-2016 by Ord. No. 2016-03]
No person shall carry or possess any alcoholic beverage with the intention of consuming the same upon the streets, sidewalks, parks, public parking lots, school or church properties or upon any private parking lots or any other private areas open to public use in the Borough of Downingtown, excluding in areas designated as part of a special event approved by the Borough Council and with the appropriate State Liquor Control Board permit.

§ 97-3 Possession of open container; presumption of intent.

[Amended 5-18-2016 by Ord. No. 2016-03]
The possession of any open bottle, can or container containing an alcoholic beverage in a motor vehicle or otherwise upon any street, sidewalk, park, public parking lot or any other private parking lot, school or church property or upon any private parking lot or any other private areas open to public use in the Borough of Downingtown shall be presumed to be with the intent to consume such beverage, excluding in areas designated as part of a special event approved by the Borough Council and with the appropriate State Liquor Control Board permit.

§ 97-4 Construal of provisions.

No provision of this chapter shall be construed in derogation of the rights of the owner or tenant of any private property to legally use said premises or to grant permission to others for the lawful use thereof upon said premises.

§ 97-5 Violations and penalties.

[Amended 10-10-1990 by Ord. No. 90-16]
Any person who shall be convicted of a violation of any of the provisions of this chapter before any District Justice shall be sentenced to pay a fine of not exceeding $600, together with costs of prosecution, and in default of payment of such fine and costs, to imprisonment in the county jail for a term not to exceed 30 days.