[HISTORY: Adopted by the Borough Council of the Borough of
Kittanning as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-6-2002 by Ord.
No. 421-2002]
Unless the context otherwise requires, the following words or
phrases shall be construed according to the definitions set forth
below:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2 of 1% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare or
other public property within Kittanning Borough, Armstrong County,
Pennsylvania, 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 agent
or other party in lawful possession thereof.
No person shall possess any container of alcoholic beverage,
whether wrapped or unwrapped, that has been opened or on which the
seal has been broken in any manner, on any public street, avenue,
alley, thoroughfare or other public property within the Borough of
Kittanning, nor shall any person possess any container or 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
agent, or other persons in lawful possession thereof.
[Amended 10-6-2008 by Ord. No. 464-2008]
The provisions of this article 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 the definitions above, nor shall these provisions apply to
premises duly licensed by the Pennsylvania Liquor Control Board and
to persons then and there who are patrons of said licensed premises.
The provisions of this article shall also not apply to the extent
that the Borough Council, acting as a whole or through one or more
duly authorized committees, grants permission for a special event
at which alcohol may be consumed or possessed in areas where it would
otherwise be prohibited by this article.
Any person found to be in violation of this article, upon conviction
thereof, shall be subject to pay a fine of not more than $300 and/or
to be imprisoned for a period not to exceed 90 days.
