[Adopted 8-28-1978 by Ord. No. 523]
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 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.
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 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 within the Township
of Tinicum.
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
shall be prima facie evidence of consumption of or intent to consume
such beverage in violation of this article.
[Amended 11-20-1989 by Ord. No. 620]
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.