[HISTORY: Adopted by the Borough Council
of the Borough of Lewisburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-16-1985 by Ord. No. 805]
As used in this article, the following words
or terms shall have the meanings and shall be construed according
to the definitions indicated hereinbelow, unless a different meaning
clearly appears from the context of this article:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
No person shall consume any alcoholic beverage
in any quantity upon any public street, avenue, alley, sidewalk, thoroughfare,
parking lot, or other public property within the Borough of Lewisburg,
whether such person is on foot or is in or on a motor vehicle and
whether such vehicle is moving or is stationary, nor shall any person
consume any alcoholic beverage within five feet of any public street,
alley, 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.
No person shall possess any container of alcoholic
beverage, whether wrapped or unwrapped, which is subject to public
view and which has been opened or on which the seal has been broken
in any manner, on any public street, avenue, alley, sidewalk, thoroughfare,
parking lot, or other public property within the Borough of Lewisburg,
whether such person is on foot or is in or on a motor vehicle and
whether such vehicle is moving or is stationary, nor shall any person
possess any container of alcoholic beverage within five feet of any
public street, alley, 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.
[Amended 5-17-2022 by Ord. No. 1066]
The provisions of §§ 100-2 and 100-3 of this article shall not apply to interior portions of any private dwelling, habitat or building; 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 § 100-1 hereof; to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee; or to the consumption or possession of alcoholic beverages by persons between the hours of 11:00 a.m. and 9:00 p.m. in the area within the Borough bounded by Seventh Street on the west, Front Street on the east, Cherry Alley on the north and White Pine Alley on the south, excluding Hufnagle Park.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof in a summary proceeding
before a District Justice, be sentenced to pay a fine of not more
than $300, plus costs of prosecution, and, in default of payment of
such fine and costs, be imprisoned for a period not to exceed 90 days.
[Adopted 6-17-2014 by Ord. No. 1027]
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
Anything constructed or erected, the use of which requires
a permanent location on the land or that is attached to something
having a temporary or permanent location on the land. Tents, covered
patios, open porches and decks shall be treated as buildings under
this article.
The Buffalo Valley Regional Police Department or any other
police department serving the Borough of Lewisburg.
Any federal, state or local government or any agency or authority
thereof or created thereby, any licensed commercial establishment,
or any school district, college or university.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
[Added 7-21-2015 by Ord.
No. 1036]
A party or event involving a group of persons who have assembled
or are assembling for a social occasion or activity on private property.
Any individual, partnership, copartnership, corporation,
fraternal organization, or other entity or association consisting
of one or more individuals.
The cost to the Department for services rendered in responding
to a call at a regulated social gathering or otherwise maintaining
order and public peace and safety and stopping public disturbances
at a regulated social gathering, including, but not limited to, the
salaries and other compensation of police officers, appropriate administrative
cost allocable thereto, prorated costs of equipment, the cost of repairing
damaged Department equipment and property, and the cost of any medical
treatment of injured police officers. This cost shall either be fixed
from time to time for a typical police response or be determined on
a case-by-case basis by the Chief of Police of the Department.
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room, or other dwelling unit, or a hall or meeting
room, park or any other place of assembly, located on private property,
whether occupied on a temporary or permanent basis as a dwelling or
specifically for a party or other social function and whether owned,
leased, rented or used with or without permission or compensation.
Any land, building or other structure, including, but not
limited to, single and multifamily dwellings and commercial and industrial
buildings, not owned or otherwise regulated and controlled by an excluded
party.
A gathering of persons for the purpose of social interaction
where alcoholic beverages are served or consumed and which is attended
at any one time by more than 25 persons, regardless of age.
[8-4-2020 by Ord. No. 1060]
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from burning of wood, coal, coke
and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery, and dust and other similar
materials.
[Added 7-21-2015 by Ord.
No. 1036]
A.
Unless the regulated social gathering is approved and authorized
by an excluded party, no regulated social gathering shall be held
without a permit therefor issued by the Chief of Police of the Department.
B.
In order to obtain a permit for a regulated social gathering, the
person(s) organizing, sponsoring or hosting a regulated social gathering
shall file with the Department an application for the said permit
on an application form provided by the Borough of Lewisburg.
C.
A fee, as set by resolution of the Borough Council of the Borough
of Lewisburg from time to time, shall accompany a permit application.[1] The fee shall include, but not be limited to, consideration
of the cost of reviewing and investigating the permit application,
the inspection of the premises prior to the regulated social gathering,
and monitoring during the regulated social gathering.
D.
An application for a permit for a regulated social gathering shall
be filed no less than five business days prior to the date of the
regulated social gathering. Failure to file a timely application for
a permit may result in a denial of a permit.
E.
The application for a permit for a regulated social gathering shall
include the following:
(1)
The name, local and permanent address, telephone number, including
cell phone number, and age of all persons organizing, sponsoring,
or hosting the regulated social gathering;
(2)
The name, local and permanent address, telephone number, including
cell phone number, of all persons directly responsible for the regulated
social gathering, hereinafter referred to as the "responsible persons";
(3)
The specific address and location of the regulated social gathering;
(4)
The square footage of any and all buildings and open space on the
premises that will be occupied by persons attending the regulated
social gathering;
(5)
The maximum number of persons who will attend the regulated social
gathering;
(6)
The time that the regulated social gathering will start and the time
it will end;
(7)
A description of the entertainment, if any, that will be present
at the regulated social gathering;
(8)
The identity of the vendor source of alcoholic beverages for the
regulated social gathering;
(9)
The manner in which the alcoholic beverages will be served;
(10)
The manner in which the furnishing of alcoholic beverages or
the consumption of alcoholic beverages by minors will be prevented;
(11)
The method in which the number of persons attending the regulated
social gathering will be regulated and/or controlled;
(12)
Whether or not security will be provided and, if provided, the
manner in which such security will be provided;
(13)
Whether the regulated social gathering will be utilizing interior
and/or exterior spaces; and
[Amended 7-21-2015 by Ord. No. 1036]
(14)
A notice indicating that by signing the application the applicant(s)
acknowledge the accountability and conditions set forth therein, including,
but not limited to, that any police cost associated with enforcement
actions required for violations associated with the regulated social
gathering will be invoiced to the applicant(s).
F.
A permit for a regulated social gathering will be granted or denied
within two business days of the receipt of the application for such
permit by the Department. If a permit is denied, such denial shall
be in writing and delivered to the permit applicant.
G.
If a permit is granted, the person(s) organizing, sponsoring or hosting
the regulated social gathering shall have a copy of the permit readily
available on the premises and produce it upon request of the Department
or other proper authority.
A permit for a regulated social gathering may be denied for
any of the following reasons:
A.
A violation, within 30 days prior to the submission of the permit
application, of this article or Lewisburg Borough's Disorderly Gathering
Ordinance No. 930[1] by any person organizing, sponsoring or hosting a regulated
social gathering.
B.
A violation, within 90 days prior to the submission of the permit
application, of the Pennsylvania Liquor Code for serving alcoholic
beverages to a minor or a prior conviction of any crime under the
Pennsylvania Crimes Code constituting a misdemeanor or felony by any
person organizing, sponsoring or hosting a regulated social gathering
on any premises where a regulated social gathering was held.
C.
Failure to provide a complete permit application, including accompanying
documentation.
D.
Failure to file a timely permit application or pay the required application
fee.
E.
An open
or unresolved Property Maintenance Code violation related to the address
where the regulated social gathering is to occur.
[Added 7-21-2015 by Ord.
No. 1036]
A.
All regulated social gatherings shall be scheduled after 10:00 a.m.
and end by 1:00 a.m.
B.
No beverages shall be consumed from glass bottles or glass containers
at any regulated social gathering.
C.
One portable toilet shall be provided for every 100 persons attending
a regulated social gathering.
D.
The Department may monitor and assess the premises from time to time
during the regulated social gathering to verify compliance with the
regulated social gathering permit.
The denial of a permit for a regulated social gathering may
be appealed to the Borough Council of the Borough of Lewisburg pursuant
to the provisions of the Local Agency Act. Such appeal shall be filed
within two business days from the date of the denial of the permit.
The following shall be unlawful and constitute a violation of
this article:
A.
For any person to organize, sponsor, host, attend, or participate
in a regulated social gathering in the absence of a permit therefor
issued by the Chief of Police of the Department;
B.
For the owner of the premises or any person occupying or in control
of the premises to allow a regulated social gathering to take place
on the premises in the absence of a permit therefor issued by the
Chief of Police of the Department;
C.
For the owner of the premises or any person occupying or in control
of the premises to allow a regulated social gathering to take place
or continue on the premises in violation of any special conditions
imposed upon the regulated social gathering by the permit;
D.
To furnish false information on the permit application for a regulated
social gathering;
E.
For any person who organizes, sponsors or hosts a regulated social
gathering not to be identified as such organizer, sponsor or host
on the permit application for the regulated social gathering;
F.
Failure to comply with the representations set forth in the permit
application for a regulated social gathering regarding the maximum
number of persons attending the regulated social gathering or to comply
with any special conditions imposed upon the regulated social gathering
by the permit;
G.
Serving minors alcoholic beverages or allowing the consumption of
such beverages by minors at a regulated social gathering or continuing
a regulated social gathering after the time limit set forth in the
application;
H.
Failure to have a copy of the regulated social gathering permit readily
available on the premises and/or to produce such permit on request
by the Department or other proper authority; and
J.
Failure
to clean up the exterior premises of garbage and rubbish by 9:00 a.m.
the morning following the designated start time of a regulated social
gathering.
[Added 7-21-2015 by Ord.
No. 1036]
Any person violating this article shall, upon conviction in
a summary proceeding, be sentenced to pay a fine of not more than
$1,000 to the Borough of Lewisburg, together with costs of prosecution,
or to be imprisoned for a period not to exceed 10 days, or both. Any
fines, costs or other penalties imposed under this article for violation
thereof may be collected by the Borough of Lewisburg pursuant to any
civil or municipal claim remedy for the collection of debts and obligations
due it or as otherwise provided or permitted by law.
A.
The Department shall have the authority to disperse persons, upon
notice, who attend a regulated social gathering for which no permit
has been issued.
B.
In addition to any fines, costs and penalties imposed under this
article for violation thereof, responsible persons may also be assessed
police cost, as well as being assessed by the Department for separate
police cost associated with control and dispersal issues under this
article.
C.
Nothing in this article shall limit the Borough of Lewisburg from
filing an action in equity to enjoin a regulated social gathering
held in violation of this article, nor limit the Department from making
arrests for any violation of the laws of the Commonwealth of Pennsylvania
or the ordinances of the Borough of Lewisburg.
