[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 4-6-1982 by Ord. No. 406. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes intoxicating liquors of any type, such as, but not
by way of limitation, beer, wine, whiskeys and distilled spirits,
and all other intoxicants.
Includes sidewalks within the Borough, Borough owned property,
and the streets and highways within the corporate limits of the Borough.
This chapter is enacted under the authority of the Borough Code,
the Act of February 1, 1966, Pamphlet Law (1965) No. 581, § 1202;
8 Pa.C.S.A. § 1202(5) which authorizes the Borough to make
regulations as may be necessary for the health, safety, morals, general
welfare, cleanliness, and the beauty, convenience, comfort and safety
of the Borough.
It shall hereafter be unlawful for any person to:
A.
Consume any alcoholic beverage in any public place within the Borough
of Tamaqua.
B.
Carry or possess any opened vessel containing any alcoholic beverage
while in, or about, a public place within the Borough of Tamaqua.
C.
Consume any alcoholic beverage on the property of another (not including
an establishment licensed by the Pennsylvania Liquor Control Board)
except with the consent of the owner(s) or legal occupant(s) thereof.
D.
Carry or possess any open vessel containing any alcoholic beverage
on the property of another (not including an establishment licensed
by the Pennsylvania Liquor Control Board) except with the consent
of the owner(s) or legal occupant(s) thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Schuylkill County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
