[Ord. 1-1981, 1/12/1981, § 1]
It is the intent of the Borough of Hughesville, as an exercise
of its police power to promote the general health, safety, and welfare
of the residents of the Borough by enacting this Part, since it is
the finding of the Borough Council that the consumption of alcoholic
beverages and/or the possession of open containers of alcoholic beverages
by persons on public premises, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the Borough and contributes to the development of unsanitary conditions
and the creation of nuisances. It is further the intent of the Borough
Council of the Borough of Hughesville that this Part not be considered
as a traffic regulation insofar as it relates to motor vehicles or
the operation thereof.
[Ord. 1-81, 1/12/1981, § 2]
No person shall have, possess, carry or transport any liquor,
wine, beer or other alcoholic beverages in an open bottle or other
open container in or upon any public sidewalk, street, lane, highway,
building, parking lot, park or recreation area, or other public property,
or in any vehicle upon such area within the Borough of Hughesville.
No person shall drink or otherwise consume any liquor, wine, beer
or other alcoholic beverage in or upon any of the aforesaid public
areas of property within the Borough of Hughesville.
[Ord. 1-1981, 1/12/1981, § 3]
1.
If any individual or organization desires to have, distribute, or
consume alcoholic beverages on public property in the Borough of Hughesville,
said individual or organization must apply to the Chief of Police
of the Borough of his duly authorized representatives, for a permit
therefore, at least three days prior to the date scheduled for using
such beverages. A fee of $5 shall be charged for the granting of said
permit, for the purpose of covering administrative expenses.
2.
A permit shall be issued only upon the following conditions:
A.
Such individual or organization by its duly authorized officer must
agree, in writing, to assume full responsibility for supervising the
conduct of the group or individuals benefiting from such permit, and
to properly clean up and restore the premises, after use, to their
prior condition.
B.
Such individual or organization must further agree, in writing, that
adequate precautions shall be taken to ensure that minors will not
be served or allowed to consume alcoholic beverages at the permitted
event or gathering.
C.
No alcoholic beverages shall be distributed or consumed other than
on the specific premises described in the permit and only during the
time stated therein.
D.
No permit shall be issued to an individual or organization which
has previously been issued a permit and has failed to comply with
the provisions hereof.
[Ord. 1-1981, 1/12/1981, § 4]
No person shall discard alcoholic or other beverage containers
upon any public sidewalk, street, lane or highway, parking lot, park
or recreation area or other public property within the Borough of
Hughesville.
[Ord. 1-1981, 1/1/1981, § 5]
The violation of any of the provisions of this Part shall be
punishable by a maximum fine of $300 or by imprisonment for 90 days
or both. Each day any violation shall continue shall constitute a
separate offense.
[Ord. 1-1981, 1/1/1981, § 6]
Should any section or provision of this Part be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect or impair the validity of this Part as a whole or any part
thereof other than the particular provision so declared to be unconstitutional
or invalid. All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
