[HISTORY: Adopted by the Council of the Borough of Darby 11-7-1984 by Ord. No. 630, approved 11-7-1984. Amendments
noted where applicable.]
For purposes of this chapter, the following terms shall have
the meanings indicated:
Ethyl alcohol of any degree or proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include synthetic ethyl alcohol but shall not mean or include
ethyl alcohol, whether or not diluted, that has been denatured or
otherwise rendered unfit for beverage purposes.
Includes any individual, whether a resident or nonresident
of the Borough of Darby, and whether male or female.
Every street, sidewalk, alley, way or place of whatever nature,
located within the Borough of Darby, open to the use of the public
as a matter of right, for the purposes of vehicular or pedestrian
travel.
It shall be unlawful for any person to willfully consume in
or upon the public streets, sidewalks, alleys, ways or places within
the Borough of Darby any beverage containing any percentage of alcohol
whatsoever.
The possession of an open container containing a beverage with
any percentage of alcohol whatsoever in or upon the public ways or
places of the Borough of Darby shall be prima facie evidence of consumption
of such beverage in violation of this chapter.
Any person found guilty, after hearing before a District Justice
having jurisdiction with the Borough of Darby, of violating any of
the provisions of this chapter shall, upon conviction thereof, be
punished by a fine of not less than $25 nor more than $100 for the
first offense and not less than $50 nor more than $300 for the second
and each subsequent offense in any three-hundred-sixty-five-day period
and/or for a term of imprisonment in the Delaware County Jail for
a term not to exceed 30 days for each and every offense, or by both
fine and imprisonment.
