[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 9-9-1980 as Ord. No. 988, approved 9-9-1980. Amendments
noted where applicable.]
As used in this chapter, the following words
or phrases shall have the meanings ascribed to them in this section:
Ethyl alcohol of any degree or proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include synthetic ethyl alcohol, but shall not mean or include
ethyl alcohol, whether or not diluted, that has been denatured or
otherwise rendered unfit for beverage purposes.
Any of the following objects and any objects similar thereto:
a glass, mug or other such drinking utensil, a bottle or jug from
which the cap or cork has been removed or on which the seal has been
broken, a can which has been punctured or from which the cap or snap
top or snap tab has been removed, a keg which has been tapped or a
jar, jug or other immediate container of an alcoholic beverage which
did not contain the alcoholic beverage contained therein when such
alcoholic beverage was last purchased from a person licensed by the
Pennsylvania Liquor Control Board to sell alcoholic beverages. "Open
container" shall not include a bag, box or other similar wrapping
or packaging of a container of an alcoholic beverage.
Includes any individual, whether a resident or nonresident
of the Borough of Prospect Park, and whether male or female.
Includes all property owned by the Borough of Prospect Park.
Every way or place, in whatever nature, located within the
Borough of Prospect Park and open to the use of the public as a matter
of right for the purpose of vehicular or pedestrian travel, including
but not limited to public sidewalks, streets, lanes, highways, buildings,
other than those public buildings with liquor licenses, parking lots,
park or recreational areas within the Borough of Prospect Park.
It shall be unlawful for any person to willfully
consume, whether inside or outside of a motor vehicle or any part
thereof, in or upon public ways, parks, places or property within
the Borough of Prospect Park any beverage containing any percentage
of alcohol whatsoever or to possess an open container of alcoholic
beverage.
The possession of an open container containing
a beverage with any percentage of alcohol whatsoever in and upon the
public ways, parks, places or property of the Borough of Prospect
Park shall be prima facie evidence of consumption of such beverage
in violation of this chapter.
Any person found guilty after a hearing before
a District Justice having jurisdiction within the Borough of Prospect
Park of violating any of the provisions of this chapter shall, upon
conviction thereof, be punished by a fine of $25 to $300 for the first
offense, $50 to $300 for the second offense and not less than $100
nor more than $300 for the third offense and each subsequent offense
in any 365-day period and/or by a term of imprisonment in the Delaware
County Jail for a period not to exceed 30 days for each and every
offense, or by both fine and imprisonment.
