[HISTORY: Adopted by the Town Council of the Borough of West
View as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Playgrounds and recreation centers — See Ch. 216.
[Adopted 8-8-1979 by Ord. No. 1238 (Ch. 48, Art. I, of the
1977 Code)]
For the purposes of this article, the following definitions
shall apply when used in this article:
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.
Includes any individual, whether a resident or nonresident
of the Borough of West View and whether male or female.
Includes all property owned by the Borough of West View or
property owned by another governmental agency within the control of
the Town Council of the Borough of West View.
Every way or place, in whatever nature, located within the
Borough of West View and open to the use of the public as a matter
of right for the purposes of vehicular or pedestrian travel or for
the purposes of recreation.
It shall be unlawful for any person to willfully consume any
beverage containing any percentage of alcohol whatsoever in or upon
the public ways, parks, places or property within the Borough of West
View.
The possession of an open container containing a beverage with
any percentage of alcohol whatsoever in and upon the public ways,
parks, places or property of the Borough of West View shall be prima
facie evidence of consumption of such beverage in violation of this
article.
Any person found guilty, after a hearing before a Magisterial
District Judge having jurisdiction within the Borough of West View,
of violating any of the provisions of this article shall, upon conviction
thereof, be punished by a fine of not less than $25 nor more than
$100 for the first offense and not less than $50 nor more than $300
for the second offense and each subsequent offense in any three-hundred-sixty-five-day
period and/or by imprisonment in the Allegheny County Jail for a term
not to exceed 30 days for each and every offense, or by both fine
and imprisonment.
[Adopted 6-11-1980 by Ord. No. 1245 (Ch. 48, Art. II, of
the 1977 Code)]
The Police Department of the Town Council of the Borough of
West View and the Mayor shall be charged with the duty of the enforcement
of this article.
From and after the effective date of this article, there shall
be a presumption, in all instances within the Borough of West View
where alcoholic beverages are found unconsumed but in the possession
or control of any customer, patron or any person other than the proprietor
or licensee of any establishment permitted to dispense liquor or malt
beverages, under the laws of the Commonwealth of Pennsylvania, at
a time more than 1/2 hour after the time permitted for sales of such
beverages by the regulations of the Pennsylvania Liquor Control Board
or the laws of the Commonwealth of Pennsylvania, that such beverages
shall have been sold by the proprietor or the licensee of such establishment
after the time permitted for sales of alcoholic beverages by the aforesaid
regulations or laws. Such presumption of the time of sale shall apply
in all prosecutions for violations of regulations of the Pennsylvania
Liquor Control Board and the laws of the Commonwealth of Pennsylvania
and ordinances of the Town Council of the Borough of West View.
From and after the effective date of this article, it shall
be unlawful for any person to enter or remain on the premises of any
establishment permitted by law to dispense alcoholic beverages, for
the purpose of consuming alcoholic beverages in or about such premises,
at a time more than 1/2 hour after the latest time when sales of alcoholic
beverages are legally permitted for said establishment.
Any person convicted of a violation of any provision of this
article by any Magisterial District Judge or court having jurisdiction
of the case shall be subject to pay a fine of $300 or 30 days confinement
in the Allegheny County Jail, or both.
The intent of the Town Council of the Borough of West View is
not to change or usurp any of the existing laws of the Commonwealth
of Pennsylvania, it being recognized by the Town Council of the Borough
of West View that it has no authority to change, alter, modify or
construe existing laws enacted by the respective legislatures of the
Commonwealth of Pennsylvania.
