[HISTORY: Adopted by the Borough Council of the Borough of
Avalon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 278.
[Adopted 5-19-1982 by Ord. No. 1146]
For the purposes of this article the following definitions shall
apply when used in this article:
Ethyl alcohol of any degree of proof, originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include synthetic ethyl alcohol but shall not mean or include
ethyl alcohol, whether or not diluted, that has been denatured or
otherwise rendered unfit for beverage.
Includes any individual whether a resident or nonresident
of the Borough of Avalon and whether male or female.
Includes all property owned by the Borough of Avalon or property
owned by another governmental agency within the Borough of Avalon.
Every way or place, in whatever nature, located within the
Borough of Avalon and open to the use of the public as a matter of
right for the purposes of vehicular or pedestrian travel, or for the
purposes of recreation.
It shall be unlawful for any person to consume and possess any
beverage containing any percentage of alcohol whatsoever in or upon
the public ways or places; public parks or properties within the Borough
of Avalon.
The possession of an open container containing a beverage with
any percentage of alcohol whatsoever in and upon the public ways or
places; public parks or properties of the Borough of Avalon shall
be prima facie evidence of consumption of such beverage in violation
of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a 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 Allegheny County.
