[Ord. 379, 12/7/1998, § 1; as amended by Ord. 454,
9/2/2008; and by Ord. No. 532, 9/6/2022]
Unless the context otherwise requires, the following words or
phrases shall be construed according to the definitions set forth
below:
ALCOHOLIC BEVERAGES
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% of alcohol by volume which is fit for beverage purposes.
CONTAINER
Any bottle, can, or other vessel in which alcoholic beverages
are contained.
PUBLIC PROPERTY
A piece, parcel or tract of land, including streets, alleys,
sidewalks, transportation facilities, schools, apartment houses, places
of business or amusement, playgrounds or public grounds or premises
which is open to the public for use or benefit of all persons.
[Ord. 379, 12/7/1998, § 2; as amended by Ord. 454,
9/2/2008; and by Ord. No. 532, 9/6/2022]
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare,
parks, recreation areas, school property or other public property
and drive-in theaters, and drive-in restaurants within the Township
of West Lebanon, nor shall any person consume any alcoholic beverage
within five feet of any public way or thoroughfare while on a private
street 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.
[Added by Ord. No. 532, 9/6/2022]
No person shall possess any container of alcoholic beverage
whether wrapped or unwrapped which has been opened or on which the
seal has been broken in any manner in any public street, avenue, alley,
thoroughfare, parks, recreation areas, school property or other public
property and drive-in theaters, and drive-in restaurants within the
Township, 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.
[Added by Ord. No. 532, 9/6/2022]
Provided, however, that the provisions of §§
6-802 and
6-803 above shall not apply to interior portions of any private doorway, habitat or building, nor to the consumption or possession by persons in the areas here and designated of any duly prescribed and dispensed medication having alcoholic content as set forth in §
6-801 hereof; and provided for the provisions of said §§
6-802 and
6-803 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and the persons then and their patrons of said licensee.
[Added by Ord. No. 532, 9/6/2022]
Any person who violates or permits a violation of this provision
of the Code of Ordinances of West Lebanon Township shall, upon conviction
thereof, be sentenced to pay a fine of not less than $200 nor more
than $1,000, and/ or to be imprisoned for a period not to exceed 90
days. A separate offense shall arise for each day or a portion thereof
in which a violation is found to exist.