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.
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.