[HISTORY: Adopted by the Mayor and Council of the City of
Washington as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Warrantless arrests — See Ch. 72.
[Adopted 9-6-1984 by Ord. No. 1339 (Ch. 6, Part 11, of the
1986 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Liquor or malt or brewed beverages, as defined herein, or
both of them.
Spirituous, vinous, fermented or other alcoholic beverages
or combination of liquors and mixed liquors, a part of which is spirituous,
vinous, fermented or otherwise alcoholic, including all drinks or
drinkable liquids, preparations or mixtures, and reused, recovered
or redistilled denatured alcohol usable for beverage purposes, which
contain more than 1/2 of 1% of alcohol by volume.
Any beer, lager beer, ale, porter or similar fermented malt
beverages containing 1/2 of 1% or more of alcohol by volume.
It shall be unlawful for any person to consume any alcoholic
beverages while in or upon any street, public sidewalk, public alley,
public park, public parking lot or public parking garage within the
City of Washington, Pennsylvania.
It shall be unlawful for any person to possess any glass, can
or open container of alcoholic beverage, whether concealed or visible,
on any public street, public sidewalk, public alley, or public park
within the City of Washington, Pennsylvania, except for persons within
a motor vehicle.
It shall be unlawful for any person to possess any glass, can
or open container of alcoholic beverage, whether concealed or visible,
on or in any public parking lot or public parking garage within the
City of Washington, Pennsylvania, whether such person is on foot or
is in or on a vehicle, and whether such vehicle is moving or is stationary.
No person, firm or corporation licensed to sell alcoholic beverages,
or the employees or agents of any such person, shall permit any person
to remove from such premises any alcoholic beverage in any open container,
whether concealed or visible.
The provisions of this article shall not apply to fairs, festivals
or carnivals conducted on public streets or in public parks, where
such have been authorized by the Council of the City of Washington,
Pennsylvania.
[Amended 12-7-2006 by Ord. No. 1766]
A.Â
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.Â
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.Â
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
