[HISTORY: Adopted by the Borough Council of the Borough of Marietta 8-14-1984 by Ord. No. 84-9 (Ch. 26 of the 1983 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 243.
As used in this chapter, the following terms shall have the meanings indicated:
INTENT TO CONSUME
Includes any of the following:
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Any circumstances evidencing an intent to ultimately consume on any public lands without permission.
OPEN CONTAINER
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.
POSSESS
Exercise of dominion over the container or beverage.
A. 
The possession with intent to consume, consumption and use of malt and alcoholic beverages in or on premises owned, leased or occupied by the Borough of Marietta is hereby prohibited.
B. 
The consumption, use or the possession with intent to consume of an open bottle, can, flask or other container containing malt or alcoholic beverages or a glass, cup, paper or plastic cup or other open drinking device containing malt or alcoholic beverages in or on a sidewalk located within the legal right-of-way of any street or in or on any street, alley or any public parking lot adjacent to any said street or alley in the Borough of Marietta is hereby prohibited.
This chapter is meant to be in addition to § 243-2A(6) of the Code of the Borough of Marietta regarding the consumption or possession with intent to consume of alcoholic beverages within the limits of any park of the Borough of Marietta and is not meant to modify, amend or repeal that section.
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 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. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Lancaster County.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).