[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:
Shall include:
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.
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.
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.
Any distillate from grains, wine, fruits, vegetables or molasses
capable of being used for beverage purposes.
Any container from which the consumption of an alcoholic
beverage is occurring.
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.
