[HISTORY: Adopted by the Borough Council of the Borough of
Milford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-17-1980 by Ord. No. 224 (Ch. 32, Art. I, of the 1979 Code);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meaning ascribed to them in this article:
The same as those words and phrases are defined in the Liquor
Code of the Commonwealth of Pennsylvania.[1]
Any container which has been perforated in the case of a
can or similar container or a container on which the cap has been
loosened or the cork displaced and the Official Seal torn or mutilated.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
It shall be unlawful within the Borough of Milford for any person
to drink liquor or malt or brewed beverages upon any public street,
or public municipal parking lot, or public park, or private parking
lot open to the public.
It shall be unlawful within the Borough of Milford for any person
to have in such person's possession any open container containing
liquor or malt or brewed beverages upon any public street, or public
municipal parking lot, or public park, or private parking lot open
to the public.
Possession, consumption and/or transportation of alcoholic beverages
in any motor vehicle shall be restricted and prosecuted pursuant to
the State Vehicle Code, 75 Pa.C.S.A. § 3809, Restriction
on alcoholic beverages.
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 Borough correctional facility for a
period not exceeding 10 days or 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 Pike County.
