Borough of Duncannon, PA
Perry County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Duncannon as indicated in article histories. Amendments noted where applicable.]

ARTICLE I
Open Containers (§ 80-1 — § 80-3) 

[Adopted 3-20-1990 by Ord. No. 261 (Ch. VI, Secs. 12 to 13, of the 1970 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 80-1
Prohibited acts. 

§ 80-2
Definitions. 

§ 80-3
Violations and penalties. 

No person shall transport, carry, possess with intent to consume or have on or about his person or in or about any motor vehicle any alcoholic beverage in or upon the streets, alleys, sidewalks, parks or any other municipally owned or leased public facility within the limits of the Borough of Duncannon, except in the original container with the seal unbroken.

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

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.

POSSESS
Exercise of dominion over the container or beverage.

Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $25 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.