[Adopted by Ord. No. 1976-7 (Sec. 3-10.4 of the Revised General
Ordinances); amended in its entirety 9-9-1997 by Ord. No. 1997-15]
A.
No person shall be intoxicated or drunk or disorderly
in any public street, lane, sidewalk, public parking lot, public or quasi-public
place or in any public conveyance or in a private motor vehicle while such
vehicle is in motion or parked in any public street, lane or public parking
lot or while upon any private property not his/her own without the express
permission of the owner or other person having authority to grant such permission
to the annoyance of any person or be so intoxicated or drunk as to be unable
to conduct himself/herself with due care for his/her safety or the safety
of other persons.
B.
Any person who consumes alcoholic beverages while in
or on a public street, lane, sidewalk, public parking lot, public or quasi-public
place or in any public conveyance or in a private motor vehicle while such
vehicle is in motion or parked in any public street, lane or public parking
lot or while upon any private property not his/her own without the express
permission of the owner or other person having authority to grant such permission
shall be a disorderly person.
C.
Any person who discards alcoholic beverage containers
upon any public street, lane, sidewalk, public parking lot, public or quasi-public
place or upon any private property not his/her own without the express permission
of the owner or other person having authority to grant such permission shall
be a disorderly person.
D.
There shall be a rebuttable presumption against each person charged with the offense of consumption of an alcoholic beverage as set forth in Subsection B above if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
E.
The Borough Council in connection with public celebrations
or similar special events, may, by written permit, specifically authorize
the consumption of alcoholic beverages in a public park, square, parking lot
or other public place or area or portion thereof, as specified in such permit
and on the date and the hours therein specified, subject to the conditions
set forth in the approved permit.
F.
Any person who shall violate the provisions of this article
shall upon conviction, be punished by a fine of not more than $1,000 or be
imprisoned for not more than 90 days, or both.
G.
The maximum penalty stated in this article is not intended
to state an appropriate penalty for each and every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate for a
particular case or violation, except in those instances where state law mandates
a minimum penalty to be imposed. There shall be a minimum penalty fixed at
an amount not exceeding $100 for a violation of a provision of this article.
