[HISTORY: Adopted by the Board of Commissioners of the Township of Stowe 6-8-1981 by Ord. No. 652 (Ch. 6, Part 3, of the 1993 Code of Ordinances). Amendments noted where applicable.]
For the use of this chapter, the following definitions shall apply when used in this chapter.
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 not mean or include synthetic ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage.
PERSON
Includes any individual, whether a resident or nonresident of the Township of Stowe and whether male or female.
PUBLIC PROPERTY
Includes all property owned by the Township of Stowe or property owned by another governmental agency within the Township of Stowe.
PUBLIC WAY OR PLACE
Every way or place, in whatever nature, located within the Township of Stowe and open to the use of the public as a matter of right for the purpose of vehicular or pedestrian travel, or for the purpose of recreation.
[Amended 7-14-2020 by Ord. No. 1018]
It shall be unlawful to willfully consume any beverage containing any percentage of alcohol whatsoever in or upon the public ways, parks, places or property within the Township, except for any events approved by the Township Board of Commissioners. All requests for any events to be approved to distribute, permit, and/or consume shall be made via written request to the Township Secretary, or present such a request at a regularly scheduled Council meeting. In approving any request, the Township maintains the discretion to charge the sponsor, coordinator, or person/entity hosting or responsible for the event where public consumption of alcoholic beverages is being requested for any associated costs, including, but not limited to, the costs of dispatching or remitting Township police officers to be present at the event.
The possession of an open container containing a beverage with any percentage of alcohol whatsoever and upon the public ways, parks, places or property of the Township of Stowe shall be prima facie evidence of consumption of such beverage in violation of this chapter.
[Amended 11-9-1993 by Ord. No. 760; 7-14-2020 by Ord. No. 1018]
A. 
Any person found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, be subject to pay a fine not less than $100 and not more than $300 for the first offense, including the costs borne by the Township in association with, or responding to, the event, including, but not limited to, the costs of dispatching or remitting Township police officers to be present at the event.
B. 
Any person found guilty of violating any of the provisions of this chapter a second time within a calendar year shall, upon conviction thereof, be subject to pay a fine not less than $250 and not more than $600 for the second offense, including the costs borne by the Township in association with, or responding to, the event, including, but not limited to, the costs of dispatching or remitting Township police officers to be present at the event.
C. 
Any person found guilty of violating any provision of this chapter for a third or subsequent time within a calendar year shall, upon conviction thereof, be subject to pay a fine not less than $600, including the costs borne by the Township in association with, or responding to, the event, including, but not limited to, the costs of dispatching or remitting Township police officers to be present at the event.
D. 
In default of any payment of said fine and costs, any violator of this chapter may be subject to imprisonment for a term not to exceed 30 days.