[HISTORY: Adopted by the Town Council of the Borough of West View as indicated in article histories. Amendments noted where applicable.]
Playgrounds and recreation centers — See Ch. 216.
Article I Consumption in Public
Article II Time Limit on Sale and Consumption
[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.
- PUBLIC PROPERTY
- 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.
- PUBLIC WAY OR PLACE
- 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.