[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 8-7-1989 by Ord. No. 5-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 135.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any of the following:[1]
The location of any container, bottle or can containing any
alcoholic beverage which is nearby, close at hand, convenient of access
and within reach of the party.
The condition of the container whose cap, cork, top or other
closing device has been removed or the condition of a can which is
punctured or pulled open so as to break its seal.
The exercising of the conscious dominion or control over
any container, bottle or can containing an alcoholic beverage.
A "public place" shall be considered within the street right-of-way
of the Borough of Towanda, including the sidewalk, along with any
public grounds owned by the Borough of Towanda.
No person shall have on or about his person, possess with intent
to consume, carry or transport liquor, wine, beer or other alcoholic
beverages in opened containers in or about any public sidewalk, street,
alley, walkway, public park or playground or any other public place
in the Borough of Towanda. No person shall drink or consume liquor,
wine, beer or any other alcoholic beverages in or upon any streets,
sidewalks, alleys, walkways, public parks or playgrounds or any other
public place in the Borough of Towanda.
Any person violating this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 nor less than $50
and/or to undergo imprisonment for not more than 30 days and to pay
the costs of prosecution.
The prohibitions contained in the within ordinance shall not
apply to any person engaged or participating in any event for which
a license has been issued by the Borough of Towanda or a state or
federal government agency permitting the possession or consumption
of alcoholic beverages in or upon any public place or places in the
Borough of Towanda. The exclusion of the herein section shall be limited
to the times and places and subject to the conditions within the license.
A.
A license may be issued by the Mayor or Police Chief to permit the
possession or consumption of alcoholic beverages on public places
at specific times and at specific locations and for specific purposes
for the promotion of any public parade, celebration or other similar
event. Said license may only be issued upon payment of a fee to be
determined from time to time by resolution of the Council of the Borough
of Towanda, Pennsylvania, and the submission of an application to
the Mayor or Police Chief of the Borough of Towanda, Pennsylvania.
[Amended 12-6-2010 by Ord. No. 2010-7]
B.
Said application shall include:
(1)
The name, address and telephone number of the individual, partnership,
corporation or other entity requesting the license.
(2)
The purpose for which the license is requested.
(3)
The specific times and places for which the application is made.
(4)
Any such further information as may be required by the Secretary
or Manager of the Borough of Towanda.
(5)
In the event that any of the information provided in said license
application is misrepresented or in the event that any type of disturbance
is caused in the public area at the event for which the license has
been issued, the license may be revoked by the Towanda Police Department
or any officer thereof.