[HISTORY: Adopted by the City Council of the City of DuBois
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-1979 by Ord. No. 1289; amended in its entirety 7-24-1995 by Ord. No.
1544 (Ch. 6, Part 2, of the 1995 Code)]
Whenever used in this article, the following terms are defined
as follows:
Any liquid intended for human consumption containing more
than 1/2 of 1% of alcohol by volume.
A place to which the public or a substantial group of persons
has access, including, but not limited to, any highway, street, road,
sidewalk, parking area, shopping area, place of amusement, playground,
park or beach located within the City, except that the definition
of a public place shall not include those premises duly licensed for
the sale and consumption of alcoholic beverages on the premises or
within their own private property.
No person shall drink or consume an alcoholic beverage or possess
with intent to drink or consume an open container containing an alcoholic
beverage in any public place except at a function for which a permit
has been obtained.
Possession of an open container containing an alcoholic beverage
by any person shall create a rebuttable presumption that such person
did intend to consume the contents thereof in violation of this article.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and costs or, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 90 days. Each day that a
violation of this article continues shall constitute a separate offense.
