[HISTORY: Adopted by the Borough Council of the Borough of
New Bethlehem as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-8-1976 by Ord. No. 731 (Ch. VII, §§ 12 through
14, of the 1972 Code of Ordinances); amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The consumption of canned or bottled alcoholic beverages of
any kind is hereby prohibited on the streets and sidewalks of the
Borough.
Possession of an opened can or bottle of an alcoholic beverage
on the streets or sidewalks of the Borough shall be sufficient evidence
of the violation of this article.
A.
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 less than $100 nor 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 Clarion County.
B.
Failure
to correct a violation or a repeated violation identified in a notice
shall not require an additional notice of violation applying to the
same person, property or premises within the same calendar year or
within 150 days of the first notice, whichever is longer.
