[HISTORY: Adopted by the Borough Council of the Borough of Dallastown 11-12-2013 by Ord. No. 577. Amendments noted where applicable.]
Peace and good order — See Ch. 141.
The following terms shall have the meaning indicated:
- ALCOHOLIC BEVERAGES
- Any liquor or brewed or malt beverages as defined in the "Liquor Code" of the Commonwealth of Pennsylvania, Act of April 12, 1951, P.L. 90, Article I, § 101 et seq., as amended (47 P.S. § 1-101 et seq., as amended).
- OPEN CONTAINER
- Any container from which consumption of an alcoholic beverage is occurring.
- PUBLIC ACCESS PROPERTY
- Any public street, road, alley, sidewalk, park, buildings, playground, ball field, recreation areas, commons, or parking lots; or any private parking lot open to public use (regardless if the private parking lot establishment is open or closed for business).
It shall be unlawful for any person to consume or drink any alcoholic beverage and/or possess an open or unsealed container containing an alcoholic beverage upon any public access property within the Borough of Dallastown.
It shall be unlawful for any person to consume any alcoholic beverages 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 is being operated in or on any public access property within the Borough of Dallastown. In the event of a conflict or inconsistency with or is specifically addressed by the Pennsylvania Motor Vehicle Code, as amended, and in particular, 75 Pa.C.S.A. § 3715, as amended, the Motor Vehicle Code shall control.
Any person consuming or drinking an alcoholic beverage or possessing an open container containing an alcoholic beverage, as a patron of and within the confines of any facility or establishment licensed to serve or dispense alcoholic beverages by the Pennsylvania Liquor Control Board or other body pursuant to the laws of the Commonwealth of Pennsylvania are exempt from this chapter provided such patron remains within the confines of said facilities or establishments with the alcoholic beverage. The "confines" of any facility or establishment shall include any public access area designated in the license of the facility or establishment, permitting it to serve/dispense alcohol.
Any police officer is hereby authorized to enforce this chapter on behalf of the Borough.
Any person who shall violate the provisions of this chapter shall be subject to a summary criminal proceeding before a magisterial district judge as provided by the Pennsylvania Rules of Criminal Procedure, as amended, from time to time, Upon conviction hereunder, a fine of not less than $100 plus the costs of prosecution, including court costs and reasonable attorney's fees incurred by the Borough in prosecution of a violation hereunder, shall be imposed, and in default of payment of same, to undergo imprisonment for up to five days for the first offense; up to $250 plus the costs of prosecution including court costs and reasonable attorney's fees incurred by the Borough in prosecution of a violation, or in default of payment, imprisonment for up to 10 days for the second offense; and $500 plus the costs of prosecution, including court costs and reasonable attorney's fees incurred by the Borough in prosecution of a violation, or in default of payment, imprisonment for up to 30 days for the third offense and any offense thereafter.