[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.
CONTAINER
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.