[HISTORY: Adopted by the Board of Supervisors
of the Township of Hilltown 8-26-1997 by Ord. No. 97-2. Amendments noted where
applicable.]
It is against public policy to permit the consumption
and possession of alcoholic beverages upon the streets and public
places within Hilltown Township. The purpose of this chapter is to
define and prohibit the consumption and possession of alcoholic beverages
upon the streets and public places of Hilltown Township because of
the public and private nuisances caused by same.
Unless the context otherwise requires, the following
words or phrases shall be construed according to the definitions set
forth below:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
[Amended 5-24-2004 by Ord. No. 2004-4]
Includes any of the following:
Exercise of dominion over the container or beverage.
[Amended 5-24-2004 by Ord. No. 2004-4]
No person shall consume any alcoholic beverage
in any quantity upon any street, avenue, alley, sidewalk, stairway,
thoroughfare, or other public property within the Township of Hilltown,
nor shall any person consume any alcoholic beverage within five feet
of any public way or thoroughfare while on a private stairway, doorway
or other private property open to public view without the express
or implied permission of the owner, his agent or other party in lawful
possession thereof.
[Amended 5-24-2004 by Ord. No. 2004-4]
No person shall possess, with intent to consume,
any container of alcoholic beverage whether wrapped or unwrapped which
has been opened or on which the seal has been broken in any manner
on any public street, avenue, alley, thoroughfare or other public
property within the Township of Hilltown, nor shall any person possess,
with intent to consume, any container of alcoholic beverage within
five feet of any public way or thoroughfare while on a private stairway,
doorway, or other private property open to public view without the
express or implied permission of the owner, his agent, or other person
in lawful possession thereof.
Provided, however, that any provision of §§ 45-3 and 45-4 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 45-2 hereof; and provided further that the provisions of §§ 45-3 and 45-4 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
