[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland 11-7-1983 by Ord. No. 97 (Ch. 6, Part 2, of the 1983 Code of Ordinances). Amendments noted where applicable.]
Unless the context otherwise requires, the following words or phrases shall be construed according to the definitions set forth below:
- ALCOHOLIC BEVERAGES
- Any spirits, wine, beer, ale or other liquid containing more than 1/2 of 1% of alcohol by volume which is fit for beverage purposes.
- Any bottle, can or other vessel in which alcoholic beverages are contained.
No person shall consume any alcoholic beverage in any quantity upon any street, avenue, alley, sidewalk, stairway, thorough- fare, or other public property within the Township of West Whiteland, 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.
No person shall possess 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, nor shall any person possess any container or 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 the provisions of §§ 96-2 and 96-3 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 § 96-1 hereof; and provided further that the provisions of said §§ 96-2 and 96-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
[Amended 6-10-1997 by Ord. No. 257]
Any person who violates or permits the violation of any provision of this chapter shall be subject to a fine in the amount of at least $25, but not to exceed $600, plus all court costs, including reasonable attorney fees incurred by the Township. Upon a finding of liability for committing said violation or permitting said violation, in a civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, plus all court costs, including attorney fees. No judgment shall be imposed until the date of determination of a violation by a District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.