Borough of Mount Jewett, PA Chapter 155 Alcoholic Beverages

[HISTORY: Adopted by the Borough Council of the Borough of Mount Jewett as indicated in article histories. Amendments noted where applicable.]

Article I Possession and Consumption in Public Places

[Adopted 7-13-1987 by Ord. No. 186]

§ 155-1 Legislative intent.

A. It is the intent of the Mt. Jewett Borough Council to promote the general health, safety and welfare of the residents of the Borough. The uncontrolled consumption of alcoholic beverages on public premises is detrimental to health, safety, contributes to the development of unsanitary and unsightly conditions and leads to the creation of public nuisances.

B. In the enactment of this article, the Council specifically stipulates that this article is not to be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

§ 155-2 Possession or consumption in public places prohibited.

A. No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverage in any open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreational area within the Borough of Mt. Jewett.

B. 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 Mt. Jewett.

§ 155-3 Discarding of containers.

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 Mt. Jewett except in a proper waste container.

§ 155-4 Violations and penalties.

[Amended 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 McKean County.