As used in this article, the following terms shall have the
meanings indicated:
ALCOHOLIC BEVERAGES
As defined in the Liquor Code of the Commonwealth of Pennsylvania (i.e., liquor, wine,
malt, and brewed beverages).
BOROUGH-OWNED PROPERTY
Any park, playground, ball field, recreation areas, commons,
or parking lots owned and maintained by the Borough of Zelienople.
OPEN CONTAINER
Any container from which consumption of an alcoholic beverage
is occurring.
It shall be unlawful for any person to drink, sell or distribute
an alcoholic beverage upon any Borough-owned property and it shall
be unlawful for any person to have in such person's possession,
or in a vehicle under such person's control, any open container
containing an alcoholic beverage upon any Borough-owned property.
Any person who shall violate the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of $50
plus the costs of prosecution, or in default of payment of same, to
undergo imprisonment for five days for the first offense; $100 plus
the costs of prosecution, or in default of payment, imprisonment for
10 days for the second offense; and $300 plus the costs of prosecution,
or in default of payment, imprisonment for 90 days for the third offense
and any offense thereafter.
Any police officer is hereby authorized to act on behalf of
the Borough.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
If any provision or part of this article is for any reason found
to be unconstitutional, illegal, or invalid, such decision shall not
affect or impair the validity of any of the remaining provisions or
parts of this article. It is hereby declared as the intent of Borough
Council that this article would have been adopted had such unconstitutional,
illegal, or invalid provision or part not included herein.
This article shall take effect immediately upon its enactment.