[Ord. 1985-2, 8/12/1985]
Unless the context otherwise requires, the following words or
phrases shall be construed according to the definitions set forth
below:
ALCOHOLIC BEVERAGES
any spirits, wine, beer, ale or other liquid containing more
than one-half of a percent (1/2%) of alcohol by volume which is fit
for beverage purposes.
CONTAINER
any bottle, can or other vessel in which alcoholic beverages
are contained.
[Ord. 1985-2, 8/12/1985]
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare,
or other public property within the Township of Smith, nor shall any
person consume any alcoholic beverage within five feet (5') of
any public way or thoroughfare while on a private stairway, doorway
or other private property open to public view without the express
or implied permission of the owner, his agent or other party in lawful
possession thereof.
[Ord. 1985-2, 8/12/1985]
No person shall possess any container of alcoholic beverage
whether wrapped or unwrapped which has been opened or on which the
seal has been broken in any manner on any public street, avenue, alley,
thoroughfare or other public property within the Township of Smith,
nor shall any person possess any container or alcoholic beverage within
five feet (5') of any public way or thoroughfare while on a private
stairway, doorway, or other private property open to public view without
the express or implied permission of the owner, his agent, or other
person in lawful possession thereof.
[Ord. 1985-2, 8/12/1985]
Provided however, that the provisions of §§ 402
and 403 above shall not apply to interior portions of any private
dwelling, habitat or building, nor to the consumption or possession
by persons in the areas herein designated of any duly prescribed and
dispensed medication having alcoholic content as set forth in § 401
hereof; and provided further that the provisions of said §§ 402
and 403 above shall not apply to premises duly licensed by the Pennsylvania
Liquor Control Board and to persons then and there patrons of said
licensee.
[Ord. 1985-2, 8/12/1985; as amended by Ord. 97-5, 11/19/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000.00 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.