[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 7-12-1984 by Ord. No. 963. Amendments noted where
applicable.]
GENERAL REFERENCES
Glass containers in parks — See Ch. 186.
For the purposes of this chapter, the following
definitions shall apply when used herein:
- ALCOHOL
- Ethyl alcohol of any degree of 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 and shall include but not be limited to beer, whiskey, vodka, gin, bourbon, wine, champagne, cold duck, liqueurs, rum, scotch and other forms of liquor.
- PERSON
- Includes any individual, whether a resident or nonresident of the Borough and whether male or female.
- PUBLIC PROPERTY
- Includes all property owned by the Borough or property owned by another governmental entity within the control of the Borough or the Borough Council.
- PUBLIC WAY OR PLACE
- Every way or place, in whatever nature, located within the Borough and open to the use of the public as a matter of right for the purposes of vehicular or pedestrian travel or for the purposes of recreation, and includes but is not limited to all streets, sidewalks, alleys, walkways, parks, playgrounds or public corridors in a shopping mall or other complex.
It shall be unlawful for any person to willfully
consume any beverage containing any amount or percentage of alcohol
whatsoever in or upon the public ways, parks, places or property within
the Borough.
The possession of an open container containing
a beverage with any percentage or amount of alcohol whatsoever in
or upon the public ways, parks, places or property of the Borough
shall be prima facie evidence of consumption of such beverage in violation
of this chapter.
Any person found guilty, after a hearing before
a District Justice having jurisdiction within the Borough, of violating
any of the provisions of this chapter shall, upon conviction thereof,
be punished by a fine of not less than $25 nor more than $100 for
the first offense and not less than $50 nor more than $300 for the
second offense and each subsequent offense in any three-hundred-sixty-five-day
period and/or imprisonment in the Allegheny County Jail for a term
not to exceed 30 days for each and every offense, or by both fine
and imprisonment.
The intent of the Borough is not to change or
usurp any of the existing laws of the Commonwealth of Pennsylvania
through the enactment of this chapter. Therefore, the Borough intends
that each and every provision herein be given the interpretation most
favorable to the Borough consistent with the laws of the Commonwealth.
Further, should any provision hereof be adjudged invalid, unlawful
or unconstitutional, the Borough intends the other provisions be interpreted
as if said invalid, unlawful or unconstitutional provision did not
exist.
