Township of Kilbuck, PA Chapter 69 Alcoholic Beverages

[HISTORY: Adopted by the Board of Supervisors of the Township of Kilbuck 11-19-1984 by Ord. No. 1 as § 700.06 of the 1984 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 145.

§ 69-1 Prohibited conduct.

It is unlawful for any person to consume any alcoholic beverage upon any public property, way or place within the Township of Kilbuck.

§ 69-2 Definitions.

The following definitions shall be applicable:

ALCOHOL

(The definition set forth in the Pennsylvania Liquor Code is hereby adopted by incorporation herein by reference thereto.) Ethyl alcohol of any degree or proof originally produced by the distillation of any fermented liquid whether rectified or diluted with or without water whatever may be the origin thereof, and shall include synthetic ethyl alcohol but shall not mean or include ethyl alcohol, whether or not diluted, that has not been denatured or otherwise rendered unfit for beverage.

INTENT TO CONSUME

Includes any of the following:

[1]

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands without permission.

OPEN CONTAINER

Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.[2]

PERSON

Any individual, resident or nonresident, male or female, at any time within the confines of the Township of Kilbuck.

PUBLIC PROPERTY

All property owned by the Township of Kilbuck, or other government or governmental agency or authority situated within the confines of the Township of Kilbuck.

PUBLIC WAY OR PLACE

Every way or place located within the Township of Kilbuck open to the use of the public as a matter of right for any purpose.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 69-3 Open containers.

The possession of an open container containing an alcoholic beverage on any public property, way or place shall be prima facie evidence of consumption of such beverage.

§ 69-4 Violations and penalties. [1]

Each violation shall be a summary violation, with a minimum fine of $100 and a maximum fine of $300.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).