[HISTORY: Adopted by the Borough Council of the Borough of Etna 6-14-1979 by Ord. No. 1117 (Ch. VI, Part 2, of the 1974 Code of Ordinances). Amendments noted applicable.]
It is the intent of the Borough of Etna as an exercise of its police power to promote the general health, safety and welfare of the residents of the Borough by enacting this local ordinance, 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 Council of the Borough of Etna that this local ordinance not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
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Editor's Note: The headings of the sections of this chapter are part of this ordinance as enacted or as amended.
[Amended 6-21-2011 by Ord. No. 1335]
A. 
No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverages in 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 Etna. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Borough of Etna.
B. 
This chapter shall not be applicable to the use or consumption of alcohol on the sidewalks of restaurants within the Borough of Etna that are in compliance with the Borough's Sidewalk Cafe Ordinance.
No person shall discard alcoholic or other beverage containers upon any public sidewalk, street, lane, highway, parking lot, park or recreation area, or other public property within the Borough of Etna, without express permission of the Borough Council.
[Amended 11-20-1984 by Ord. No. 1155; 12-11-1989 by Ord. No. 1208]
Every person who violates any provision of this chapter shall for every such violation, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day on which any such violation continues shall constitute a separate violation.
Should any section or provision of this local ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect or impair the validity of this local ordinance as a whole or any part thereof other than the particular provision so declared to be unconstitutional or invalid.