ARTICLE IOpen Containers (§ 80-1 — § 80-3)
§ 80-1Prohibited acts.
§ 80-3Violations 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:
- 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.