[HISTORY: Adopted by the Borough Council of the Borough of Avondale 9-6-1983 by Ord. No. 120. Amendments noted where applicable.]
For the purpose of this article, the following words or phrases shall have the meanings ascribed to them by this section:
ALCOHOL
Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
PUBLIC HIGHWAY, STREET, ALLEYWAY, PARK, BUILDING
Every place located within the Borough of Avondale which is open to the use of the public as a matter of right.
It shall be unlawful for any person willfully to consume in or upon any public highway, street, alleyway, park, building, or any other public place within the Borough of Avondale any beverage containing any percentage of alcohol.
The possession of an open container containing a beverage with any percentage of alcohol in or upon any public place in the Borough of Avondale shall be prima facie evidence of consumption of such beverage in violation of this article.
[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 Chester County.