Borough of New Eagle, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of New Eagle as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parades and public gatherings — See Ch. 210.
[Adopted 10-4-2016]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Liquor or malt or brewed beverages as defined herein, or both of them.
LIQUOR
Includes 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.
It shall be unlawful for any person to consume any alcoholic beverages while in or upon any public street, public sidewalk, public alley, public park, public parking lot or public parking garage within the Borough of New Eagle; provided, however, that this article shall not apply to the public park known as the Larry Hall Memorial Park.
It shall be unlawful for any person to possess any glass, can or open container of alcoholic beverages, whether wrapped or unwrapped, on any public street, public sidewalk, public alley or public park within the Borough of New Eagle; provided, however, that this article shall not apply to the public park known as the Larry Hall Memorial Park.
It shall be unlawful for any person to possess any glass, can or open container of alcoholic beverage, whether wrapped or unwrapped, on any public street or in any public parking lot or public parking garage within the Borough of New Eagle, whether such person is on foot or is in or on a vehicle, and whether such vehicle is moving or is stationary.
No person, firm or corporation licensed to sell alcoholic beverages, or the employees or agents of any such person, firm or corporation, shall permit any person to remove from such premises any alcoholic beverage in any open container.
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 Borough of New Eagle, provided such alcoholic beverages are confined to the specific authorized area.
Any person who violates or permits a violation of this article 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 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 article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Washington County.