[HISTORY: Adopted by the Borough Council of the Borough of
Girard as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-1984 by Ord. No. 539 (Ch. VI, Part 4, of the
1974 Code of Ordinances)]
It shall be unlawful for any person to consume any malt, vinous
or alcoholic beverage or to be in the possession of, with intent to
consume, any malt, vinous or alcoholic beverage in an open container
in any public park in the Borough of Girard or on any public street,
roadway, alley or sidewalk within the said Borough or in or adjacent
to any public facility of the Borough of Girard, nor shall any person
consume any malt, vinous or alcoholic beverages or be in the possession
of, with intent to consume, any malt, vinous or alcoholic beverage
in an open container while in a vehicle parked on or in any public
vehicle parking area or in or adjacent to any public park or public
facility of the said Borough.
It shall be unlawful for any person to break, leave, discard
or deposit in any manner any glass, bottle, glassware, can or container
of any kind, make or description on any public street, sidewalk, park,
parking area or public place of any nature within the limits of the
Borough of Girard except in designated trash containers.
With the approval of the Council of the Borough of Girard by
resolution, any agency, commission or board of the Borough of Girard
which has direct responsibility for the operation of specific parcels
of public property within the Borough shall have the option to allow
the consumption of malt, vinous or alcoholic beverages or the possession
of, with intent to consume, malt, vinous or alcoholic beverages in
an open container upon the property, the operation of which is within
the jurisdiction of the said agency, commission or board.
By resolution of the Council of the Borough of Girard, permission
may be granted to allow consumption of malt, vinous or alcoholic beverages
and possession of, with intent to consume, malt, vinous or alcoholic
beverages in open containers on specific public property for special
occasions and for a definite period of time.
All state and federal laws which pertain to the consumption
and use of alcoholic beverages shall apply.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
As used in this article, the following terms shall have the
meanings indicated:
Includes any of the following:
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage.
Exercise of dominion over the container or beverage.
