[HISTORY: Adopted by the Borough Council of the Borough of Malvern 12-8-1981 by Ord. No. 81-4 (Part 8, Ch. 3, of the 1975 Code of Ordinances). Amendments noted where applicable.]
[Amended 3-4-2014 by Ord. No. 2014-4]
No person shall be permitted to drink any alcoholic beverage, including fermented malt beverages, in any vehicle or otherwise upon the streets, sidewalks, parks, public parking lots, school or church properties or upon any private parking lots or any other private outside areas open to public use in the Borough of Malvern, except for those persons seated at tables within an approved outdoor café as defined in Chapter 220, Zoning, or at special events approved by Borough Council and permitted by the Pennsylvania Liquor Control Board.
[Amended 3-4-2014 by Ord. No. 2014-4]
No person shall carry or possess any alcoholic or fermented malt beverage with intention of consuming the same upon the streets, sidewalks, parks, public parking lots, school or church properties or upon any private parking lots or any other private outside areas open to public use in the Borough of Malvern, except for those persons seated at tables within an approved outdoor café as defined in Chapter 220, Zoning, or at special events approved by Borough Council and permitted by the Pennsylvania Liquor Control Board.
The possession of any open bottle, can or container containing an alcoholic or fermented malt beverage in a motor vehicle or otherwise upon any street, sidewalk, park, public parking lot or any other private parking lot, school or church property or upon any private parking lot or any other private outside areas open to public use in the Borough of Malvern shall be presumed to be with the intent to consume such beverage within or upon such restricted areas.
No provision of this chapter shall be construed in derogation of the rights of the owner or tenant of any private property to legally use said premises or to grant permission to others for the lawful use thereof upon said premises.
A. 
Any person who shall be convicted of a violation of any of the provisions of this chapter before any District Justice shall be sentenced to pay a fine of $50 for the first offense, $100 for the second offense and up to $300 for subsequent offenses, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both.
B. 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney’s fees incurred by the Borough in the enforcement proceedings.
[Added 9-17-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: See also § 1-9B.