This chapter shall be known and may be cited
as "Alcohol Consumption Ordinance" of the Township of Potter.
This chapter is enacted pursuant to the authority
conferred by the Second Class Township Code, Act of 1933, May 1, P.L.
103, Art. I, § 101 et seq., 53 P.S. § 65101 et
seq., as amended.
[Amended 4-14-2004 by Ord. No. 99]
As used in this chapter, the following terms
shall have the meanings indicated:
ALCOHOL
Any alcohol or other liquid defined, regulated and/or governed
by the Liquor Code, Act of 1951 April 12, P.L. 90, Article I, § 101
et seq., 47 P.S. § 1-101 et seq., as amended.
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.
POSSESS
Exercise of dominion over the container or beverage.
[Amended 4-14-2004 by Ord. No. 99]
No person shall be permitted to consume alcohol
from any bottle, glass, can, cup or other container or possess any
such open container with intent to consume alcohol therefrom upon
any of the streets, alleys, roads, parks, public grounds, public places
or vacant lots in the Township of Potter.
[Amended 11-14-2001 by Ord. No. 88]
A. Any person who violates any provision of this chapter
shall be subject to all of the following:
(1) Shall be guilty of a summary criminal offense.
(2) Shall, upon conviction, pay the criminal penalty specified in Subsection
B.
(3) Shall, upon conviction, be subject to imprisonment specified in Subsection
C.
B. The criminal penalty for a violation of this chapter
shall be as follows:
(1) For a first offense, a sum not less than $100 nor
more than $500.
(2) For a second or subsequent offense, a sum of not less
than $250 nor more than $750.
C. The penalty of imprisonment for a violation of this
chapter shall be as follows:
(1) For a first offense, a period not more than 10 days.
(2) For a second or subsequent offense, a period not less
than five days nor more than 15 days.