[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-13-1982 by Ord. No. 5-1982]
As used in this article, the following terms shall have the
meanings indicated:
Includes intoxicating liquors of any type, such as, but not
by way of limitation, beer, wine, whiskies, and all such intoxicants.
Includes sidewalks within the Borough, Borough-owned property,
and the streets and highways within the corporate limits of the Borough.
This article is enacted under the authority of the Borough Code,
8 Pa.C.S.A. § 1202, which authorizes the Borough to make
regulations as may be necessary for the health, safety, morals, general
welfare, cleanliness, and the beauty convenience, comfort and safety
of the Borough.
[Amended 7-6-1983 by Ord. No. 2-1983]
It shall be unlawful for any person to:
A.
Unlawful acts.
(1)
Consume any alcoholic beverage in any public place within the Borough
of Summit Hill.
(2)
Carry or possess any opened vessel containing any alcoholic beverage
while in or about a public place within the Borough of Summit Hill.
(3)
Consume any alcoholic beverage on property of another except with
the consent of the owner(s) or legal occupant(s) thereof.
(4)
Carry or possess any opened vessel containing any alcoholic beverage
on the property of another, except with the consent of the owner(s)
or legal occupant(s) thereof.
B.
Exceptions. Except that it shall not be unlawful to engage in any of the activity set forth in Subsection A(1), (2), (3) and (4) of this section:
(1)
When such activity takes place in any retail liquor establishment
licensed by the Pennsylvania Liquor Control Board; or
(2)
When such activity takes place at an event held by a charitable,
religious, nonprofit or civic organization which has received a permit
from the Pennsylvania Liquor Control Board to dispense alcoholic beverages
at such event and which has obtained a permit authorizing the event
from the Council of the Borough of Summit Hill under the signature
of the Borough Secretary, which permit shall set forth the dates,
times and exact place and area where the alcoholic beverages will
be consumed, carried or possessed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Carbon County.
