[HISTORY: Adopted by the Borough Council of the Borough of
Burgettstown 7-8-2019 by Ord. No. 2019-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 230, but
was renumbered to maintain the organization of the Code.
Unless the context otherwise requires, the following words and
phrases shall be construed according to the definitions set forth
below:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare,
or other public property within the Borough of Burgettstown, nor shall
any person consume any alcoholic beverage within five feet of any
public way or thoroughfare while on a private stairway, doorway or
other private property open to public view without the express or
implied permission of the owner, his agent or other party in lawful
possession thereof.
No person shall possess any container or alcoholic beverage,
whether wrapped or unwrapped, which has been opened or on which the
seal has been broken in any manner on any public street, avenue, alley,
thoroughfare or other public property within the Borough, nor shall
any person possess any container or alcoholic beverage within five
feet of any public way or thoroughfare while on a private stairway,
doorway, or other private property open to public view without the
express or implied permission of the owner, his agent, or other person
in lawful possession thereof.
Provided, however, that the provisions of §§ 167-2 and 167-3 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 167-1 hereof; and provided further that the provisions of said §§ 167-2 and 167-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee, or events at the Burgettstown Park which are duly sanctioned and approved by the Burgettstown Borough Council.
Whoever shall possess, consume or use upon any public street,
sidewalk, alley or public grounds of the Borough of Burgettstown any
alcoholic beverage, beer, wine or liquor is guilty of the offense
of disorderly conduct.
Any person who violates or permits a violation of this chapter
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 Borough correctional facility for a
period not exceeding 10 days or 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 chapter
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 chapter in equity in the Court of Common Pleas of Washington
County.
