[HISTORY: Adopted by the Borough Council of the Borough of Girard as indicated in article histories. Amendments noted where applicable.]
Article I Open Containers; Public Consumption
[Adopted 4-16-1984 by Ord. No. 539 (Ch. VI, Part 4, of the 1974 Code of Ordinances)]
It shall be unlawful for any person to consume any malt, vinous or alcoholic beverage or to be in the possession of, with intent to consume, any malt, vinous or alcoholic beverage in an open container in any public park in the Borough of Girard or on any public street, roadway, alley or sidewalk within the said Borough or in or adjacent to any public facility of the Borough of Girard, nor shall any person consume any malt, vinous or alcoholic beverages or be in the possession of, with intent to consume, any malt, vinous or alcoholic beverage in an open container while in a vehicle parked on or in any public vehicle parking area or in or adjacent to any public park or public facility of the said Borough.
It shall be unlawful for any person to break, leave, discard or deposit in any manner any glass, bottle, glassware, can or container of any kind, make or description on any public street, sidewalk, park, parking area or public place of any nature within the limits of the Borough of Girard except in designated trash containers.
With the approval of the Council of the Borough of Girard by resolution, any agency, commission or board of the Borough of Girard which has direct responsibility for the operation of specific parcels of public property within the Borough shall have the option to allow the consumption of malt, vinous or alcoholic beverages or the possession of, with intent to consume, malt, vinous or alcoholic beverages in an open container upon the property, the operation of which is within the jurisdiction of the said agency, commission or board.
By resolution of the Council of the Borough of Girard, permission may be granted to allow consumption of malt, vinous or alcoholic beverages and possession of, with intent to consume, malt, vinous or alcoholic beverages in open containers on specific public property for special occasions and for a definite period of time.
All state and federal laws which pertain to the consumption and use of alcoholic beverages shall apply.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
As used in this article, the following terms shall have the meanings indicated:
- INTENT TO CONSUME
- Includes any of the following:
- OPEN CONTAINER
- Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.
- Exercise of dominion over the container or beverage.