Borough of Jacobus, PA Chapter 70 Alcoholic Beverages

[HISTORY: Adopted by the Borough Council of the Borough of Jacobus as indicated in article histories. Amendments noted where applicable.]

Article I Consumption and Possession in Public

[Adopted 3-7-1984 by Ord. No. 87 (Ch. 6, Part 1, of the 1984 Code of Ordinances)]

§ 70-1 Definitions.

Unless the context otherwise requires, the following words or phrases shall be construed according to the definitions set forth below:

ALCOHOLIC BEVERAGES

Any spirits, wine, beer, ale or other liquid containing more than 1/2 of 1% of alcohol by volume which is fit for beverage purposes.

CONTAINER

Any bottle, can or other vessel in which alcoholic beverages are contained.

§ 70-2 Consumption restricted.

No person shall consume any alcoholic beverage in any quantity upon any street, avenue, alley, sidewalk, stairway, thoroughfare, or other public property within the Borough of Jacobus, nor shall any person consume any alcoholic beverage within five feet of any public way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other party in lawful possession thereof.

§ 70-3 Possession of open containers.

No person shall possess any container of alcoholic beverage, whether wrapped or unwrapped, which has been opened or on which the seal has been broken in any manner on any public street, avenue, alley, thoroughfare or other public property within the Borough of Jacobus, nor shall any person possess any container or alcoholic beverage within five feet of any public way or thoroughfare while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, his agent, or other person in lawful possession thereof.

§ 70-4 Exceptions.

The provisions of §§ 70-2 and 70-3 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 70-1 hereof, and provided further that the provisions of said §§ 70-2 and 70-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.

§ 70-5 Violations and penalties.

[Amended 7-3-2013 by Ord. No. 2013-3]

Any person who shall violate the provisions of this chapter shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid.