Borough of Carlisle, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 11-16-1979 by Ord. No. 1334, approved 11-16-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 168.
Peace and good order — See Ch. 170.
The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section:
INTENT TO CONSUME
Includes any of the following:
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
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.
LIQUOR, MALT OR BREWED BEVERAGES, CONTAINER and OFFICIAL SEAL
The same as those words and phrases are defined in the Liquor Code of the Commonwealth of Pennsylvania.[1]
OPEN
When used in connection with a container, any container which has been perforated in the case of a can or similar container or any container on which the cap has been loosened or the cork displaced and the official seal torn or mutilated.
POSSESS or POSSESSION
Exercise of dominion over the container or beverage.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
STREET
Includes the cartway, sidewalk (excluding approved sidewalk cafes), gutter and/or the right-of-way area, whether or not such street or any part thereof is owned in fee by others than the Borough of Carlisle.
[Added 12-27-1979 by Ord. No. 1340, approved 12-27-1979; amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[Amended 5-12-2005 by Ord. No. 2034, approved 5-12-2005; 11-8-2018 by Ord. No. 2316, approved 11-8-2018]
Except as otherwise permitted under the provisions of Subsection B (Open sidewalk cafes) of § 223-13 (Floral displays and open sidewalk cafes) of Chapter 223 (Streets and Sidewalks) of this Code, it shall be unlawful within the Borough of Carlisle for any person to drink liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use or public park or in any vehicle being operated or parked thereon. The prohibitions and restrictions contained in this section and § 78-3, below, notwithstanding, Council shall have the discretionary authority to permit public consumption and open containers for special events that Council deems are beneficial to the community, and upon such approval, such activities shall not be considered a violation of this chapter at such event.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 5-12-2005 by Ord. No. 2034, approved 5-12-2005]
Except as otherwise permitted under the provisions of Subsection B (Open sidewalk cafes) of § 223-13 (Floral displays and open sidewalk cafes) of Chapter 223 (Streets and Sidewalks) of this Code, it shall be unlawful within the Borough of Carlisle for any person to have in such person’s possession or in a vehicle under such person’s control any open container containing liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use or public park.
[Amended 3-10-1988 by Ord. No. 1576, approved 3-10-1988]
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not exceeding $1,000 and costs of prosecution, and in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.