[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 5-2-1986 by Ord. No. 557 (Ch. 6, Part 5, of the 1984 Code of Ordinances). Amendments noted where applicable.]
Unless the context otherwise requires, the following words or phrases shall be construed according to the definitions set forth below:
- ALCOHOLIC BEVERAGES
- Any spirits, wine, beer, ale or other liquid containing more than 1/2% of alcohol by volume which is fit for beverage purposes.
- ALCOHOLIC CONTAINER
- Any bottle, can or other vessel in which alcoholic beverages are contained.
- NONALCOHOLIC CONTAINER
- Any bottle, can or other vessel in which beverages are contained.
No person shall have, possess, carry or transport any alcoholic beverages in any open container upon any public sidewalk, street, lane, alley, highway, thoroughfare, building or parking lot. No person shall have, possess, carry or transport any alcoholic beverage in any container in any park or recreational area within the Borough of Lemoyne.
The provisions of § 135-2 shall not apply to the consumption or possession of alcohol which has been dispensed for medical reasons pursuant to a prescription.
Whoever violates any of the provisions of this chapter shall, upon conviction therefor, be sentenced to pay a fine of not more than $300 and shall pay cost of prosecution and in default of payment of said fine and costs, to be sentenced to undergo imprisonment for not more than 30 days.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared the intent of the Borough of Lemoyne that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.