As used in this chapter, the following terms shall have the
meanings indicated:
ALCOHOLIC BEVERAGE
Any liquid intended for human consumption containing more
than 1/2 of 1% (0.005) of alcohol by volume.
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.
PUBLIC PLACE
Any place to which the public or a substantial group of persons
has access, including but not limited to any highway, street, road,
sidewalk, parking area, shopping area, place of amusement, playground
or park located within the Borough, except that the definition of
a "public place" shall not include those premises duly licensed for
the sale and consumption of alcoholic beverages on the premises or
within a person's own private property.
No person shall drink or consume an alcoholic beverage or possess
with the intent to consume an open container containing an alcoholic
beverage in any public place, except at a function for which a permit
has been obtained from the Borough Manager or his/her designee, as
may be required.
Possession, with the intent to consume, of an open container
containing an alcoholic beverage by any person shall create a violation
of this chapter.
Any person who shall be found to have violated any of the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not more than $1,000, and costs of prosecution, and, in default
of payment of such fine and costs, to imprisonment for not more than
30 days.