For the purpose of this Article, the following
definitions shall apply:
ALCOHOLIC BEVERAGES
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.
PERSON
Includes any individual, whether a resident or nonresident
of the Borough of Kutztown and whether male or female.
PUBLIC WAY or PUBLIC PLACE
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, and in particular 75 Pa.C.S.A. § 3715, as amended,
the Motor Vehicle Code shall control.
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.