[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte 11-3-1975 by Ord. No. 752 (Ch. 616 of the 1979 Codified Ordinances).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- LIQUOR
- Includes any spirituous, vinous, fermented or other alcoholic beverage or combination of liquors and mixed liquor, a part of which is spirituous, 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.
- MALT OR BREWED BEVERAGES
- Any beer, lager beer, ale, porter or similar fermented malt beverage containing 1/2 of 1% or more of alcohol by volume.
- PUBLIC NUISANCE
- Any behavior or conduct that is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of the public ways of the Borough, which conduct or behavior accordingly is liable to annoy a person of ordinary sensibilities being on or traveling along the public ways of the Borough and in whose presence such conduct or behavior occurs, or such conduct or behavior that at common law would be considered a breach of the peace or tend to provoke a breach of the peace. For purposes of this definition, conduct or behavior shall also include rude or obscene gestures, comments or observations on persons passing by or other verbal utterances of a similar nature.
A.
No person shall consume liquor or malt or brewed beverages upon any
public way or ground or upon any parking lot of the Borough.
B.
No person shall consume liquor or malt or brewed beverages in or
about an automobile, vehicle or other conveyance upon any public way
or ground or upon any parking lot of the Borough, whether or not such
automobile, vehicle or other conveyance is moving, standing or parked.
C.
The possession of any opened container of an alcoholic beverage,
liquor, malt or brewed beverage upon any public way or ground or upon
any parking lot of the Borough or in or about any automobile, vehicle
or other conveyance upon any public way or ground or upon any parking
lot of the Borough, whether or not such automobile, vehicle or other
conveyance is moving, standing or parked, shall be a conclusive presumption
that the possessor of such opened container was consuming its contents
upon such public way, ground or parking lot of the Borough or within
any automobile as aforesaid, and therefore shall constitute a violation
of this section. An "opened container," for the purposes of this section,
is defined as an original container manufactured to hold the liquor,
malt or brewed beverage which is outside of its original wrapper or
has had its seal broken or does not contain an official seal of the
government of the United States and/or of the commonwealth intact
upon such container.
[Added 3-3-1986 by Ord. No. 952]
D.
The possession of a container other than the original container manufactured
to hold alcoholic beverages, liquor, malt or brewed beverages, which
is found to contain an alcoholic beverage, is a violation of this
section if the possessor of such a container is found to have such
container in his or her possession upon any public way or ground or
upon any parking lot of the Borough or in or about an automobile,
vehicle or other conveyance that is upon any public way or ground
or upon any parking lot of the Borough, whether or not such automobile,
vehicle or other conveyance is moving, standing or parked.
[Added 3-3-1986 by Ord. No. 952]
No person shall use contumelious, debauched, indecent, rude
or unseemly language or make a rude, obscene or profane gesture or
a contumelious, debauched, indecent, rude or unseemly observation
to or about a passerby upon a public way or ground in the Borough.
Behavior or conduct amounting to a public nuisance is prohibited and
shall also constitute a violation of this section. Such conduct or
behavior shall, upon and after complaint is made by a passerby or
inhabitant of the Borough, be prosecuted forthwith before the Magisterial
District Judge having jurisdiction over the Borough, and evidence
of such conduct or behavior given by such complainant shall constitute
a prima facie violation of this section. Prosecution of such violation
by the police officers of the Borough shall be made only after complaint
by an inhabitant of the Borough or a user of the public ways and grounds
of the Borough, and such complainant shall appear at the time of trial
for such violation and give testimony relative thereto.
