[HISTORY: Adopted by the Borough Council of the Borough of
Masontown 12-11-1984 by Ord. No. 1984-1, approved 12-18-1984. Section 41-5 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Liquor or malt or brewed beverages as defined herein or both
of them.
Includes spiritous, vinous, fermented or other alcoholic
beverages or combinations of liquors and mixed liquors, a part of
which is spiritous, vinous, fermented or otherwise alcoholic, including
all drinks or drinkable liquids, preparations or mixtures and reused,
recovered or redistilled denatured alcohol usable for beverage purposes
which contain more than 1/2 of 1% of alcohol by volume.
Any beer, lager beer, ale, porter or similar fermented malt
beverage containing 1/2 of 1% or more of alcohol by volume.
It shall be unlawful for any person to consume any alcoholic
beverages while in or upon any public street, public sidewalk, public
alley, public park, public parking lot or public parking area within
the Borough of Masontown.
A.
It shall be unlawful for any person to possess any glass, can or
open container of alcoholic beverage on any public parking lot or
public parking area within the Borough of Masontown, whether such
person is on foot or is in or on a vehicle and whether such vehicle
is moving or is stationary.
B.
No person, firm or corporation licensed to sell alcoholic beverages,
or the employees or agents of any such person, shall permit any person
to remove from such premises any alcoholic beverage in any open container.
The provisions of this chapter shall not apply to fairs, festivals
or carnivals conducted on public streets or in public parks where
such have been authorized by the Council of the Borough of Masontown.
Any person violating any of the provisions of this chapter is
guilty of a summary offense and shall, upon conviction thereof in
a summary proceeding, be fined not more than $300 and, in default
of payment of fine and costs, be imprisoned for not more than 30 days;
provided, however, that if the District Justice determines that the
defendant is without the financial means to pay the fines and costs
immediately or in a single remittance, such defendant shall be permitted
to pay the fines or costs in installments and over such periods of
time as the District Justice deems to be just.
