[HISTORY: Adopted by the Council of the Borough
of West Chester 11-13-1985 by Ord. No. 13-1985. Amendments noted
where applicable.]
A.Â
The purpose of this chapter is to protect and promote
the safety, health and well-being of the people of the Borough of
West Chester and their property and to regulate the conduct of persons
in the Borough of West Chester by prohibiting the consumption of alcoholic
beverages in public places or ways.
B.Â
Findings.
(1)Â
The Council of the Borough of West Chester finds that
the possession of an open or unsealed container containing an alcoholic
beverage or consumption of alcoholic beverages in public ways and
public places, except under certain conditions, is detrimental to
the health, safety and welfare of the residents of the Borough of
West Chester, causes unsightly and unsanitary conditions, creates
a nuisance and interferes with the peace and good order of the borough.
(2)Â
The Council further finds that the possession of an
open or unsealed container containing an alcoholic beverage or consumption
of alcoholic beverages on public ways and public places is a serious,
substantial and significant cause of persons (especially persons who
are under the legal age for alcoholic consumption) becoming unruly,
disruptive, disorderly, uncontrollable, obnoxious, offensive and of
a general character detrimental to the health, welfare and peaceful
orderliness of the community. In addition, the allowance of possession
of an open or unsealed container containing an alcoholic beverage
or consumption of alcoholic beverages on public ways and public places
has been proven to be a significant and substantial cause in the congregation
of persons who in turn significantly and substantially cause and promote
unruly, disruptive, disorderly, uncontrollable, obnoxious, offensive
and generally detrimental behavior.
(3)Â
The Council further finds that there is a significant
relationship between the possession of an open or unsealed container
containing an alcoholic beverage on public ways or places and the
general health, welfare and safety of the public and that it has been
demonstrated to this Council that the allowance of open or unsealed
containers containing alcoholic beverages is the most significant
and substantial factor contributing to the consumption of such alcoholic
beverages.
(4)Â
The Council further finds that this chapter is necessary
and proper to promote the health, welfare and safety of the general
public and that the restrictions on conduct created by this chapter
are not unduly harsh or restrictive and are necessary and proper pursuant
to the police power of the Borough of West Chester.
For the purpose of this chapter, the following
definitions shall apply:
Any liquor or brewed or malt beverage as defined by the Liquor
Code of the Commonwealth of Pennsylvania, Act of April 12, 1951, P.L.
90, Article I, Section 101 et seq., as amended, 47 P.S. § 1-101,
as amended.
An open, unsealed, resealed or partially refilled container,
can or bottle containing an alcoholic beverage.
[Added 5-10-1989 by Ord. No. 11-1989]
Includes any individual, whether a resident or nonresident
of the Borough of West Chester and whether male or female.
A "public way" shall mean every way, including but not limited
to every street, road, alley, sidewalk, steps and ramps that are open
to the use of the public as a matter of right; and "public place"
shall mean any place, of whatever nature, that is open to the use
of the public as a matter of right, including but not limited to public
parks and public buildings, so long as the "public way" or "public
place" is located within the Borough of West Chester.
[Amended 5-10-1989 by Ord. No. 11-1989; 9-25-1991 by Ord. No. 18-1991]
It shall be unlawful for any person to consume any alcoholic beverage and/or possess an open container containing an alcoholic beverage in or upon public ways or places within the Borough of West Chester, except for those persons seated at tables which are contained within an approved outdoor cafe, as defined in Chapter 112, Zoning.
It shall be unlawful for any person to consume
any alcoholic beverage and/or possess an open or unsealed container
containing an alcoholic beverage while such person is the operator
of or occupant or passenger in or on a motor vehicle which is parked,
standing or being operated in a public place or public way within
the Borough of West Chester. To the extent that this section is inconsistent
with or specifically addressed by the Pennsylvania Motor Vehicle Code,
and in particularly 75 Pa. C.S.A. § 3715, as amended, the
Motor Vehicle Code shall control.
Any facility or establishment licensed to serve
or to dispense alcoholic beverages by the State Liquor Control Board
or other body pursuant to the laws of the Commonwealth of Pennsylvania
and persons who are patrons of any such facilities or establishments
are exempt from this chapter, provided that the patrons remain within
the confines of said facilities or establishments with the alcoholic
beverages. The confines of said facilities or establishments shall
include the sidewalk area between the public way and the front of
said facility or establishment, so long as the facility and establishment
provide adequate amounts of tables and seating for its patrons and
provide waiter/waitress service to its patrons at said tables and
seating facilities.
[Amended 8-6-1986 by Ord. No. 5-1986; 5-10-1989 by Ord. No. 11-1989; 10-19-2011 by Ord. No.
19-2011; 12-19-2012 by Ord. No. 29-2012]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof in a summary proceeding
before the District Justice, be guilty of a summary offense and be
sentenced to pay a fine of not less than $250 and not more than $600.
The defendant shall also be liable for all court costs, including
reasonable attorney fees incurred by the Borough. Upon default of
payment thereof, the defendant may be sentenced to imprisonment in
the county prison for a period of not more than 30 days. Each section
or provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
chapter is found to exist shall constitute a separate offense, each
of which shall be punishable by a separate fine imposed by the District
Justice in the amounts specified above plus the costs of prosecution.
Upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a term of not more than 30 days.
