[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-18-1979 by Ord. No. 844 (Ch. 6, Part 2, of the 1999 Code of Ordinances)]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
- Ethyl alcohol of any degree of proof, originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water or some other substance, 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.
- Includes 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, recovered or redistilled denatured alcohol usable for beverage purposes, and shall include but shall not be limited to whiskey, bourbon, gin, vodka, wine, cordials, and any other similar type of beverage which is now or would be sold through the state stores of the Commonwealth of Pennsylvania and contain an alcoholic content.
- 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, by whatever name such beverage may be called.
Hereinafter, it is hereby declared a nuisance and shall be unlawful and prohibited for any person to drink or attempt to drink alcoholic, liquor or malt or brewed beverages in or upon any public property, which shall include, but not be limited to, highways, streets, roads, sidewalks, rights-of-way, playgrounds, ball fields, which shall include the playing field and the adjacent spectator area, parking lots, picnic grounds, parks and any other public or municipal property located within the geographic boundaries of the Borough of West Mifflin.
Hereinafter, it is declared a nuisance and unlawful for any person to drink or attempt to drink alcoholic, liquor or malt or brewed beverages in or upon any quasi-public open space property which is open to the general public or open space property owned by any other political subdivisions of the Commonwealth of Pennsylvania located within the geographic boundaries of the Borough of West Mifflin, which shall include, but not be limited to, parking lots, access roads or driveways, recreational areas, sidewalks, cemeteries, or any other open space of said quasi-public property. Consent of the owner of said quasi-public property or public property open to the general public to drink or attempt to drink said alcoholic, liquor or malt or brewed beverages shall be a conclusive defense against said unlawful conduct.
Any open or unsealed bottle, can or container possessing alcohol, liquor or malt or brewed beverages in the possession of any person on the heretofore-stated public property, quasi-public property, or property owned by any other political subdivision of the Commonwealth of Pennsylvania shall be a rebuttable presumption that said person is attempting to drink alcoholic, liquor or malt or brewed beverages.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
All fines collected from the enforcement of this article shall be remitted to the Borough for use in the general fund.
In addition to the penalties and provisions herein, the alcohol, liquor or malt or brewed beverage shall be seized and impounded.