[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; 7-15-2021 by Ord. No. 2384, approved 7-15-2021]
The restrictions in this section above or otherwise contained elsewhere in the Code of the Borough of Carlisle notwithstanding, open containers containing liquor, wine or malt or brewed beverages shall be permitted only upon public sidewalks adjoining those public streets within the Central Business District ( C-1 District, as identified in the Zoning Map of the Borough of Carlisle) subject to the following limitations and requirements: (1) open containers are permitted only between the hours of 11:00 a.m. and 11:00 p.m.; (2) alcohol must be purchased from a restaurant, brewery, distillery or tavern in the C-1 District and shall only be consumed in non -breakable containers; (3) allowing open containers containing liquor, wine or malt or brewed beverages as noted in this section shall not supersede any code or regulations of the Pennsylvania Liquor Control Board; (4) the limitations and requirements applicable to open sidewalk cafes as contained in Chapter 78 of the Code of the Borough of Carlisle shall continue to apply; and (5) the Borough Manager or in the absence or unavailability of the Borough Manager, the Assistant Borough Manager, shall have the authority and discretion to suspend the use of open containers in the Central Business District to address matters pertaining to public health, safety, welfare and convenience, in which event the suspension shall continue until the next public meeting of Borough Council at which time Council shall decide whether to continue or end the suspension.
[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.