Township of Potter, PA Chapter 63 Alcoholic Beverages

[HISTORY: Adopted by the Board of Supervisors of the Township of Potter 6-9-1982 by Ord. No. 43. Amendments noted where applicable.]

§ 63-1 Short title.

This chapter shall be known and may be cited as "Alcohol Consumption Ordinance" of the Township of Potter.

§ 63-2 Enactment; authority.

This chapter is enacted pursuant to the authority conferred by the Second Class Township Code, Act of 1933, May 1, P.L. 103, Art. I, § 101 et seq., 53 P.S. § 65101 et seq., as amended.

§ 63-3 Definitions.

[Amended 4-14-2004 by Ord. No. 99]

As used in this chapter, the following terms shall have the meanings indicated:

ALCOHOL

Any alcohol or other liquid defined, regulated and/or governed by the Liquor Code, Act of 1951 April 12, P.L. 90, Article I, § 101 et seq., 47 P.S. § 1-101 et seq., as amended.

INTENT TO CONSUME

Includes any of the following:

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands without permission.

OPEN CONTAINER

Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.

POSSESS

Exercise of dominion over the container or beverage.

§ 63-4 Prohibited conduct.

[Amended 4-14-2004 by Ord. No. 99]

No person shall be permitted to consume alcohol from any bottle, glass, can, cup or other container or possess any such open container with intent to consume alcohol therefrom upon any of the streets, alleys, roads, parks, public grounds, public places or vacant lots in the Township of Potter.

§ 63-5 Violations and penalties.

[Amended 11-14-2001 by Ord. No. 88]

A. Any person who violates any provision of this chapter shall be subject to all of the following:

(1) Shall be guilty of a summary criminal offense.

(2) Shall, upon conviction, pay the criminal penalty specified in Subsection B.

(3) Shall, upon conviction, be subject to imprisonment specified in Subsection C.

B. The criminal penalty for a violation of this chapter shall be as follows:

(1) For a first offense, a sum not less than $100 nor more than $500.

(2) For a second or subsequent offense, a sum of not less than $250 nor more than $750.

C. The penalty of imprisonment for a violation of this chapter shall be as follows:

(1) For a first offense, a period not more than 10 days.

(2) For a second or subsequent offense, a period not less than five days nor more than 15 days.