[Ord. 1480, 9/13/1982, § 1]
The location of any container, bottle or can containing any
alcoholic beverage which is nearby, close at hand, convenient of access,
and within such distance of the party so having it as that such party
could without materially changing his position, get his hand on it.
The condition of a container whose cap, cork, top or other
closing device has been removed or the condition of a can which has
been punctured or pulled open so as to break its seal.
The exercising of conscious dominion or control over any
container, bottle or can containing an alcoholic beverage.
[Ord. 1480, 9/13/1982, § 2; as amended by Ord.
1735, 4/12/1993]
1.
No person shall have on or about his person, possess, carry or transport
liquor, wine, beer or other alcoholic beverages in open containers
in or about any public sidewalk, street, alley, walkway, public park
or playground, or any other public place in the Borough. No person
shall drink or consume liquor, wine, beer or other alcoholic beverages
in or upon any street, sidewalk, alley, walkway, public park or playground,
or any other public place in the Borough except as hereinafter provided.
2.
Possession and consumption of alcoholic beverages may be permitted
on Borough property under such regulations as shall be promulgated
from time to time by the Borough Council.
3.
Any person or persons desiring to possess and consume alcoholic beverages
on any Borough property may do so only after obtaining written permission
from the Borough Council or its authorized representative.
4.
Failure to obtain permission from the Borough Council as aforesaid
in § 202(3) shall constitute a violation of this Part and
shall be subject to the penalties provided in § 203 of this
Part.
[Ord. 1480, 9/13/1982, § 3; as amended by Ord.
1735, 4/12/1993]
Any person who shall violate any provision of this Part shall,
upon conviction, be subject to a fine of not less than $25 nor more
than $600, together with costs of prosecution for the violation, or,
in default of payment thereof, to suffer imprisonment for not more
than 30 days.
[Ord. 1480, 9/13/1982, § 5]
In this Part, the singular shall include the plural and the
masculine shall include the feminine.
[Ord. No. 2184, 4/8/2019]
The provisions of this Part shall not apply to outdoor dining areas, as defined within Chapter 27, Zoning, § 1400, Definitions, which hold a valid permit issued by the Borough, and persons who are patrons of any such establishment are exempt from this Part, provided that the patrons remain within the confines of the area and do not enter or leave the premises with open alcoholic beverages.
