City of Washington, PA: Alcoholic Beverages

[Adopted 9-6-1984 by Ord. No. 1339 (Ch. 6, Part 11, of the 1986 Code of Ordinances)]

As used in this article, the following terms shall have the meanings indicated:

Liquor or malt or brewed beverages, as defined herein, or both of them.

Spirituous, vinous, fermented or other alcoholic beverages or combination of liquors and mixed liquors, 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, which contain more than 1/2 of 1% of alcohol by volume.

MALT OR BREWED BEVERAGES

Any beer, lager beer, ale, porter or similar fermented malt beverages containing 1/2 of 1% or more of alcohol by volume.

§ 96-2 Consumption of alcoholic beverages in or on public areas.

It shall be unlawful for any person to consume any alcoholic beverages while in or upon any street, public sidewalk, public alley, public park, public parking lot or public parking garage within the City of Washington, Pennsylvania.

§ 96-3 Possession of open containers of alcoholic beverages on public thoroughfares or in public parks.

It shall be unlawful for any person to possess any glass, can or open container of alcoholic beverage, whether concealed or visible, on any public street, public sidewalk, public alley, or public park within the City of Washington, Pennsylvania, except for persons within a motor vehicle.

§ 96-4 Possession or transportation of open containers of alcoholic beverages in public parking areas.

It shall be unlawful for any person to possess any glass, can or open container of alcoholic beverage, whether concealed or visible, on or in any public parking lot or public parking garage within the City of Washington, Pennsylvania, whether such person is on foot or is in or on a vehicle, and whether such vehicle is moving or is stationary.

§ 96-5 Licensees to prohibit removal of open containers of alcoholic beverages.

No person, firm or corporation licensed to sell alcoholic beverages, or the employees or agents of any such person, shall permit any person to remove from such premises any alcoholic beverage in any open container, whether concealed or visible.

§ 96-6 Exclusion of authorized street festivals.

The provisions of this article shall not apply to fairs, festivals or carnivals conducted on public streets or in public parks, where such have been authorized by the Council of the City of Washington, Pennsylvania.

§ 96-7 Violations and penalties.

[Amended 12-7-2006 by Ord. No. 1766]

Any individual, person, firm, corporation or other entity who shall violate any provision of this article shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.

Each day that a violation of this article shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.

Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this article. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include but not be limited to an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the article or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the article.