[HISTORY: Adopted by the Borough Council of the Borough of Tyrone as indicated in article histories. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 140.
Article I Consumption and Possession
[Adopted 9-10-2012 by Ord. No. 1331]
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 1/2% of alcohol volume which is fit for beverage purposes.
- Any bottle, can or other vessel in which alcoholic beverages are contained.
- PUBLIC PLACE
- Any way, area or place open to the use of the public or wherein the public has been invited, whether privately or publicly owned, operated or leased.
No person shall consume any alcoholic beverage in any quantity upon any street, avenue, alley, sidewalk, stairway, thoroughfare, playground, park, parking lot, or other public place within the Borough of Tyrone, nor shall any person consume any alcoholic beverage within five feet 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/her agent or other party in lawful possession thereof.
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, playground, park, parking lot or other public place within the Borough of Tyrone, nor shall any person possess any container of alcoholic beverage within five feet 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/her agent, or other person in lawful possession thereof.
The provisions of §§ 60A-2 and 60A-3 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 § 60A-1 hereof, and provided further that the provision of said §§ 60A-2 and 60A-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said license. Furthermore, the provisions of §§ 60A-2 and 60A-3 above shall not apply to those public places whereby express permission has been granted by the owner, the owner's agent or other party in lawful possession of those areas, and all other necessary lawful requirements have been met, to hold or conduct fairs, bazaars, picnics, fund-raisers or other seasonal activities, provided that, in order to protect the public's health, safely and welfare, the said public places are cordoned or barricaded in such a manner as to define those specific areas within which such owner's express permission has been given.
Enforcement. Any police officer and/or other person authorized by the Borough Council may enforce the provisions of this article.
Penalty. Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000, plus the cost of prosecution, and/or be sentenced to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate and distinct offense which shall be subject to the aforesaid penalties.