[HISTORY: Adopted by the City Council of the City of Altoona
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreational facilities — See Ch. 510.
[Adopted 12-8-1987 by Ord. No. 5006]
Unless the context otherwise requires, the following words or
phrases shall be construed according to the definitions set forth
below:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
Any way, area or place open to the use of the public or wherein
the public has been invited, whether privately or publicly owned,
operated or leased.
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare,
playground, park, parking lot, or other public place within the City
of Altoona, nor shall any person consume any alcoholic beverage within
five feet of any public way or thoroughfare while on a private stairway,
doorway, or other private property open to public view without the
express or implied permission of the owner, his agent or other party
in lawful possession thereof.
No person shall possess any container of alcoholic beverage
whether wrapped or unwrapped which has been opened or on which the
seal has been broken in any manner on any public street, avenue, alley,
thoroughfare, playground, park, parking lot or other public place
within the City of Altoona, nor shall any person possess any container
or alcoholic beverage within five feet of any public way or thoroughfare
while on a private stairway, doorway, or other private property open
to public view without the express or implied permission of the owner,
his agent, or other person in lawful possession thereof.
[Amended 10-8-1997 by Ord. No. 5435]
Provided, however, that the provisions of §§ 175-2 and 175-3 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcohol content as set forth in § 175-1 hereof; and provided further that the provisions of said §§ 175-2 and 175-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said license. Furthermore, the provisions of §§ 175-2 and 175-3 above shall not apply to those public places whereby express permission has been granted by the City Manager, and all other necessary lawful requirements have been met, to hold or conduct fairs, bazaars, picnics, fund-raisers or other seasonal activities, provided that, in order to protect the public's health, safety and welfare, the said public places are cordoned or barricaded in such a manner as to define those specific areas within which the City Manager's express permission has been given.
Whosoever violates any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $1,000 or be imprisoned for a period not to exceed
90 days, or both.
