[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. V, § 11, of the 1979 Code of Ordinances]
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meaning ascribed to them in this section:
The same as those words and phrases are defined in the "Liquor
Code" of the Commonwealth of Pennsylvania.
When used in connection with a container, shall mean any
container which has been perforated in the case of a can or similar
container or a container on which the cap has been loosened or the
cork displaced and the official seal torn or mutilated.
It shall be unlawful, within the Borough of Mount Holly Springs,
for any person to drink liquor or malt or brewed beverages upon any
public street, public sidewalk, public municipal parking lot, private
parking lot open to public use or public park, or in any vehicle being
operated or parked thereon.
It shall be unlawful, within the Borough of Mount Holly Springs,
for any person to have in such person's possession or in a vehicle
under such person's control any open container containing liquor or
malt or brewed beverages upon any public street, public sidewalk,
public municipal parking lot, private parking lot open to public use
or public park.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Possession, consumption and/or transportation of alcoholic beverages
in any motor vehicle shall be restricted and prosecuted pursuant to
the State Vehicle Code, 75 Pa.C.S.A. § 3809, Restriction
on alcoholic beverages.
The provisions of this article shall be severable, and, if any
of its provisions shall be held to be unconstitutional, illegal or
otherwise invalid, such decision shall not affect the validity of
any of the remaining provisions of this article. It is hereby declared
as a legislative intent that this article would have been adopted
had such unconstitutional, illegal or otherwise invalid provision
not been included herein.
[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 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 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 Cumberland
County.
