As used in this article, the following terms shall have the meanings
indicated:
INTENT TO CONSUME
Includes any of the following:
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.
OPEN CONTAINER
Any open bottle, can or container containing liquor, beer, wine or
other alcoholic beverage.
PERSON
Any individual, firm, corporation, partnership, organization and/or
other similar entity.
POSSESSION
Exercise of dominion over the container or beverage.
PUBLIC PLACE
Any place to which the public has access, including any public street
or sidewalk, the front of and the area immediately adjacent to any school,
parking lot, restaurant, tavern or other place of business.
[Amended 5-14-2002 by Ord. No. 9-2002]
A. No person shall drink or consume or be in possession
of with intent to consume any open container of liquor, wine, beer and/or
any other alcoholic beverage in or upon any public place, including sidewalks,
streets, lands, parking lots, parks or recreation areas or any public property
within the Borough of Moosic.
B. No person shall drink or consume or be in possession of with intent to consume any open container of liquor, wine, beer and/or any other alcoholic beverage in any vehicle in or upon any public place within the Borough of Moosic as described in Subsection
A of this section.
C. Provided, however, that any duly recognized and organized
community organization may request an exemption from the operation of this
article, provided the following is provided:
(1) That any organization requesting an exemption shall make
a written formal request of the Borough requesting said exemption indicating
the days of use of the public facility, and the times and the specific purpose.
(2) Before granting any exemption, the applicant shall submit
written approval or a permit from the Pennsylvania Liquor Control Board authorizing
the sale of alcoholic beverages and said organization shall provide an insurance
policy to the Borough of Moosic providing liability coverage and coverage
for any alcohol-related occurrences in an amount not less than $300,000.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine of not more than $600, plus
costs of prosecution, and, in default of payment of such fine and costs, to
imprisonment for a term not to exceed 30 days.