[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 7-6-2021 by Ord. No. 3-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Any spirits, wine, beer, ale or other liquid containing more than 0.5% alcohol by volume which is intended for beverage purposes.
CONTAINER
Any bottle, can or other vessel in which alcoholic beverages are contained.
PUBLIC PLACE
Any park, playground, public building or vacant lot owned or controlled by the Township.
REMAIN
To stay behind, to tarry and stay unnecessarily either individually or in a group of persons in the public places within the Township.
TOWNSHIP
The Township of Colebrookdale, Berks County, Pennsylvania.
The Board of Commissioners finds that persons are consuming alcoholic beverages in the public places within the Township and are remaining in the public places beyond daylight hours and are causing concerns for the safety of other members of the public, particularly those residents who live adjacent to or nearby public places.
A. 
No person shall consume any alcoholic beverage in any quantity in any public places within the Township.
B. 
No person shall possess any container of alcoholic beverage whether wrapped or unwrapped which have been opened or on which the seal has been broken in any manner in any public place.
C. 
No person shall enter upon or remain within any public place within the Township between the hours of sunset each day and sunrise the following morning.
D. 
In addition, the Township may, from time-to-time, adopt by resolution any rules deemed appropriate to control the use of particular public places. The rules may be specific to a particular public place and may differ from place to place. The rules shall be posted, and any violation of the posted rules shall be a violation of this chapter.
A. 
Persons or organizations planning an organized gathering or other event in a public place may make a written request to the Township to permit the event to extend beyond the time of sunset. Any such request to the Township shall specifically state the time by which the applicant will have all persons removed from the public place. If the Township agrees to allow an event to extend beyond sunset, the permission shall include a specific time by which all persons will need to have vacated the public place.
B. 
Persons organizing or planning a family or other organized gathering in a public place, may make a written request to the Township to permit the persons over the age of 21 years who are attending the gathering in a public place to consume alcoholic beverages in the public place.
C. 
If the Township upon application approves such a request, the persons attending the gathering in a public place shall be exempt from the application of this chapter while in attendance at the gathering.
D. 
Any person making such a request shall agree in writing to prevent the consumption of alcoholic beverages by persons under the age of 21 years who may be in attendance at the event, and to prevent the consumption of any further alcoholic beverages by anyone at the event who appears to be under the influence of alcohol.
This chapter shall be enforced by the municipal or regional Police Department serving the Township.
A. 
Any person who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Notwithstanding Subsection A, above, a member of the Police Department asked to enforce this chapter, may in his/her discretion issue a written warning to a person who is, for the first time in the case of that individual, found to be in violation of the terms of this chapter.
C. 
A person who after warning by any member of the municipal police department serving the Township directing him to vacate or to remain away from any public place shall, in addition to any penalties authorized by this chapter, be subject to criminal charge brought pursuant to the Pennsylvania Crimes Code.[1] All rights and remedies of the Township as prescribed by this chapter or otherwise by law with respect to consumption of alcoholic beverages or entry upon or remaining upon public places after hours shall be cumulative, and the pursuit of one shall in no way preclude simultaneous or subsequent pursuit of another.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
The provisions of this ordinance shall be severable and if any of its provisions shall be held to be unconstitutional or illegal, the validity of any of the remaining provisions of the chapter shall not be affected thereby. It is hereby expressly declared as the intent of the Township that this chapter would have been adopted had such unconstitutional or illegal provision or provisions not been included herein.
All other ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.