[HISTORY: Adopted by the Board of Commissioners of the Township of Tinicum as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1978 by Ord. No. 523; amended in its entirety 10-21-2024 by Ord. No. 2024-927]
For the purposes of this article, the following definitions shall apply when used in this article:
ALCOHOL
Ethyl alcohol of any degree of proof, originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the original 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.
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
Includes any individual whether a resident or nonresident of the Township of Tinicum and whether male or female.
POSSESS
Exercise of dominion over the container or beverage.
PUBLIC PROPERTY
Includes all property owned by the Township of Tinicum.
PUBLIC WAY OR PLACE
Every way or place, in whatever nature, located within the Township of Tinicum and open to the use of the public as a matter of right for the purposes of vehicular or pedestrian travel.
It shall be unlawful for any person to willfully consume any beverage containing any percentage of alcohol whatsoever in or upon public ways, parks, places or property except during special events approved by the Tinicum Township Board of Commissioners.
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 Township of Tinicum other than during special events approved by the Tinicum Township Board of Commissioners shall be prima facie evidence of consumption of or intent to consume such beverage in violation of this article.
Any person found guilty, after a hearing before a Magisterial District Judge having jurisdiction within the Township of Tinicum, of violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not less than $300 nor more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, imprisonment in the county jail for a period not exceeding 30 days for each and every offense, or by both such fine and imprisonment.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal, or invalid such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Commissioners that this article would have been adopted have the unconstitutional, illegal or invalid sentence, clause, section, or part thereof, not been included therein.
All ordinances or part of ordinances which are insistent herewith are hereby repealed and/or replaced.
This article shall become effective upon adoption.