[HISTORY: Adopted by the Borough Council
of the Borough of Kane 12-6-1982 by Ord. No. A-822 as Ch. 6, Part
7, of the 1982 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any beverage which falls within the definition of "alcohol,"
"liquor" or "malt or brewed beverage" as defined by the Pennsylvania
Liquor Code.
Any container designed or used to hold or carry alcoholic
beverages which is either open or which is sealed with a cap or other
seal, which cap or seal has been removed or broken.
A person is guilty of public drunkenness and similar misconduct
if he/she appears in any public place manifestly under the influence
of alcohol or a controlled substance, as defined in the Act of April
14, 1972 (P.L. 233, No. 64), known as the "Controlled Substance, Drug,
Device and Cosmetic Act,"[1] except those taken pursuant to the lawful order of a practitioner,
as defined in the Controlled Substance, Drug, Device and Cosmetic
Act, to the degree that he/she may endanger himself/herself or other
persons or property or annoy persons in his/her vicinity.
[Added 1-10-2011 by Ord. No. A-1001]
[1]
Editor’s Note: See 35 P.S. § 780-101 et seq.
No person shall consume alcohol, liquor or malt
or brewed beverages in any public alley, highway, playground, park,
sidewalk, street or in or on any other borough property within the
Borough of Kane, or upon the parking areas of private shopping centers
under the jurisdiction of the Police Department of the Borough of
Kane, except as part of a group function, a permit for which has been
obtained under procedures adopted by the Public Safety Committee.
No person shall possess an open container having alcohol, liquor, malt or brewed beverage upon one's person while in or on any of the public places enumerated in § 70-2, except as part of a group function, a permit for which has been obtained under procedures adopted by the Public Safety Committee.
Any person convicted of violating any provision
of this chapter shall, upon conviction, be fined not more than $300
and costs for each offense, or be imprisoned for not more than 30
days.
It is the intent of the Borough Council in enacting
this chapter that it be read with the Pennsylvania Liquor Code[1] and any conduct permitted by said Code or any permit issued
under the Code by the Pennsylvania Liquor Control Board shall be deemed
legal or valid under this chapter.
[1]
Editor's Note: See 47 P.S. § 1-101
et seq.
The Public Safety Committee shall adopt all
regulations necessary to affect this chapter's provisions regarding
the issuance of group permits.
[Added 1-10-2011 by Ord. No. A-1001]
Public drunkenness and similar misconduct is hereby prohibited
within the Borough of Kane.
