[Adopted 11-22-1988 by Ord. No. 13-1988]
A.
Purpose. The purpose of this Article is to protect
and promote the safety, health and well-being of the residents and
inhabitants of the Borough of Kutztown and their property and to regulate
the conduct of persons in the Borough of Kutztown by prohibiting the
consumption of alcoholic beverages in public places or ways.
B.
Findings.
(1)
The Council of the Borough of Kutztown finds that
the possession of an open or unsealed container containing an alcoholic
beverage or the consumption of alcoholic beverages in public ways
and public places, except under certain conditions, is detrimental
to the health, safety and welfare of the residents and inhabitants
of the Borough of Kutztown, causes unsightly and unsanitary conditions,
creates a nuisance and interferes with the peace and good order of
the Borough of Kutztown.
(2)
The Council of the Borough of Kutztown further finds
that the possession of an open or unsealed container containing an
alcoholic beverage or the consumption of alcoholic beverages on public
ways and public places is a serious, substantial and significant cause
of persons (especially, but not limited to, persons who are under
the legal age for alcoholic consumption) becoming unruly, disruptive,
disorderly, uncontrollable, obnoxious, offensive and of a general
character detrimental to the health, welfare and peaceful orderliness
of the community. In addition, the allowance of possession of an open
or unsealed container containing an alcoholic beverage or consumption
of alcoholic beverages on public ways and public places has been proven
to be a significant and substantial cause in the congregation of persons
who in turn significantly and substantially cause and promote unruly,
disruptive, disorderly, uncontrollable, obnoxious, offensive and generally
detrimental behavior.
(3)
The Council of the Borough of Kutztown finds that
this Article is necessary and proper to promote the health, welfare
and safety of the general public and that the restrictions on conduct
created by this Article are not unduly harsh or restrictive and are
necessary and proper pursuant to the police power of the Borough of
Kutztown.
For the purpose of this Article, the following
definitions shall apply:
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, Art. I, Section 101 et seq., as amended, 47 P.S. § 1-101, as amended.
Includes any individual, whether a resident or nonresident
of the Borough of Kutztown and whether male or female.
A "public way" shall mean every way, including but not limited
to every street, road, alley, sidewalk, steps and ramps that are open
to the use of the public as a matter of right; and "public place"
shall mean any place, of whatever nature, that is open to the use
of the public as a matter of right, including but not limited to public
parks and public buildings, so long as the "public way" or "public
place" is located within the Borough of Kutztown.
It shall be unlawful for any person to consume
any alcoholic beverage and/or possess an open or unsealed container
containing an alcoholic beverage in or upon public ways or public
places within the Borough of Kutztown.
It shall be unlawful for any person to consume
any alcoholic beverages and/or possess an open or unsealed container
containing an alcoholic beverage while such person is the operator
of or occupant or passenger in or on a motor vehicle which is parked,
standing or being operated in a public place or public way within
the Borough of Kutztown. To the extent that this section is inconsistent
with or specifically addressed by the Pennsylvania Motor Vehicle Code,[1] and in particular 75 Pa.C.S.A. § 3715, as amended,
the Motor Vehicle Code shall control.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
Any facility or establishment licensed to serve
or to dispense alcoholic beverages by the Pennsylvania Liquor Control
Board or other body pursuant to the laws of the Commonwealth of Pennsylvania
and persons who are patrons of any such facilities or establishments
are exempt from this Article, provided that the patrons remain within
the confines of said facilities or establishments with the alcoholic
beverages. The confines of said facilities or establishments shall
include the sidewalk area between the public way and the front of
said facilities or establishments, so long as the facility or establishment
provides adequate amounts of tables and seating for its patrons and
provides waiter and/or waitress service to its patrons at said tables
and seating facilities.
[Amended 12-26-1995 by Ord. No. 12-1995]
Any person who shall be convicted of a violation
of any of the provisions of this Article before any District Justice
shall be sentenced to pay a fine of not less than $50 nor more than
$600 for each offense, together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed 30 days, or both.
