[HISTORY: Adopted by the Borough Council of the Borough of Royersford as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1979 by Ord. No. 570 (Ch. 6, Part 3, of the 1990 Borough Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
ON OR ABOUT THE PERSON
The location of any container, bottle or can containing any alcoholic beverage which is nearby, close at hand, convenient of access, and within such distance of the party so having it as that party could without materially changing his position, get his hand on it.
OPEN
The condition of a container whose cap, cork, top or other closing device has been removed or the condition of a can which has been punctured or pulled open so as to break its seal.
POSSESSION
The exercising of conscious dominion or control over any container, bottle or can containing an alcoholic beverage.
No person shall have on or about his person, possess, carry or transport liquor, wine, beer or other alcoholic beverages in open containers in or about any public sidewalk, street, alley, walkway, public park or playground, or any other public place in the Borough of Royersford. No person shall drink or consume liquor, wine, beer or other alcoholic beverages in or upon any street, sidewalk, alley, walkway, public park or playground, or any other public place in the Borough of Royersford.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article 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 article 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 article in equity in the Court of Common Pleas of Montgomery County.