[HISTORY: Adopted by the Council of the Borough of Narberth 6-13-1983 by Ord. No. 733 (Ch. 46 of the 1986 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Liquor or malt or brewed beverage.
Any alcoholic, spirituous, vinous, fermented or other alcoholic
beverage or combination of liquors and mixed liquor, 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 or taxable for beverage
purposes which contain more than 1/2 of 1% of alcohol by volume, except
pure ethyl alcohol and malt or brewed beverages.
Any beer, lager beer, ale, porter or similar fermented malt
beverage containing 1/2 of 1% or more of alcohol by volume, by whatever
name such beverage may be called.
Any of the following objects and any objects similar thereto:
a glass, mug or other such drinking utensil; a bottle or jug from
which the cap or cork has been removed or on which the seal has been
broken; a can which has been punctured or from which the cap or snap
top or snap tab has been removed; a keg which has been tapped; or
a jar, jug or other immediate container of an alcoholic beverage which
did not contain the alcoholic beverage contained therein when such
alcoholic beverage was last purchased from a person licensed by the
Pennsylvania Liquor Control Board to sell alcoholic beverages. "Open
container" shall not include a bag, box or other similar wrapping
or packaging of a container of an alcoholic beverage.
Any public street or public real estate.
All lands or buildings owned or leased by the Borough of
Narberth, including parks and playgrounds owned by the Borough of
Narberth.
The entire right-of-way of any public street, road or highway
of the Borough of Narberth or of the County of Montgomery or of the
Commonwealth of Pennsylvania, including the cartway, sidewalks and
unpaved portions thereof, within the Borough of Narberth.
No person shall drink an alcoholic beverage, nor shall any person,
firm, corporation or other organization possess an open container
containing an alcoholic beverage, whether inside or outside of a motor
vehicle of any part thereof, on or in any public place within the
Borough of Narberth.
No person shall discard alcoholic beverage containers upon any
public street, lane, sidewalk or public place or upon any private
property without the express permission of the owner.
Nothing in this chapter shall be construed to affect any suit
or proceeding pending in any court or any rights acquired or liability
incurred or any causes of action acquired or existing, nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Montgomery County.
