[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.
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]
A.
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.
B.
All fines collected from the enforcement of this article shall be
remitted to the Borough for use in the general fund.
C.
In addition to the penalties and provisions herein, the alcohol,
liquor or malt or brewed beverage shall be seized and impounded.
