[HISTORY: Adopted by the Board of Supervisors of East Earl Township 12-10-2002 by Ord. No. 110 (Ch. 6, Part 2, of the 2001 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "East Earl Open Container Ordinance."
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number and the word "shall" is always mandatory and not merely directory.
ALCOHOL
Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of East Earl.
CONTAINER
Any receptacle, vessel or form of package, tank, vat, cask, barrel, drum, keg, can, bottle or conduit used or capable of use for holding, storing, transferring or shipment of alcohol, liquor or malt or brewed beverages.
LIQUOR
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.
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, and shall mean alcoholic cider.
PACKAGE
Any container or containers or receptacle or receptacles used for holding liquor or alcohol as marketed by the manufacturer.
PARK
Parks, park reservations, playgrounds, recreation centers, swimming pools, golf courses, watersheds and all other areas of the Township of East Earl and devoted to active or passive recreation by the public within the Township of East Earl.
PERSON
Any natural person, partnership, corporation or association.
PUBLIC PROPERTY
All lands owned by the Township of East Earl.
TOWNSHIP
The Township of East Earl, County of Lancaster, Commonwealth of Pennsylvania.
It shall be unlawful for any person, while on any public or semipublic street, sidewalk, alley or similar area or while in any park, recreation area or other property owned or supervised by the Township of East Earl to possess any open container or open package containing alcohol, liquor or malt or brewed beverages.
It shall be unlawful for any person, while on any public or semipublic street, sidewalk, alley or similar area or while in any park, recreation area or other property owned or supervised by the Township of East Earl to consume any alcohol, liquor or malt or brewed beverages.
Any person who shall violate the provisions of this chapter shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $300 and costs of prosecution and, in default of such payment of such fine and costs, to imprisonment in the Lancaster County Prison for not more than 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.