[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-17-2010 by Ord. No. 2010-03]
It shall be unlawful for any person to consume, use or distribute an alcoholic beverage upon any public access property within the Township, and it shall be unlawful for any person to have in such person's possession, or in a vehicle under such person's control, any open container containing an alcoholic beverage upon any public access property in the Township.
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGES
- Shall include:
- A. Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
- B. Any alcoholic, 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, more than 1/2 of 1% of alcohol by volume, except pure ethyl alcohol.
- C. Any beer, lager beer, ale, porter or similar fermented malt beverage containing 1/2 of 1% or more of alcohol by volume, by whatever name such beverage may be called, and shall mean alcoholic cider.
- D. Any distillate from grains, wine, fruits, vegetables or molasses capable of being used for beverage purposes.
- OPEN CONTAINER
- Any container from which the consumption of an alcoholic beverage is occurring.
- PUBLIC ACCESS PROPERTY
- Any public street, alley, sidewalk, park, playground, ball field, recreation area, commons or parking lots; or any private parking lots open to public use (regardless if the private parking lot establishment is open or closed for business).
The consumption, use and distribution of alcoholic beverages on public access property shall not be a violation of this article in situations where special permission for such activity has been granted by the Township Manager or duly authorized representative, with the advice and consent of the Spring Garden Township Board of Commissioners, as part of an activity permit and is otherwise lawful under the laws of the Commonwealth of Pennsylvania.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. All prosecutions shall be brought before the Magisterial District Judge having jurisdiction of summary violations that occur in Spring Garden Township.