[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 12-5-1983 by Ord.
No. 12-5-83 (Ch. 32 of the 1992 Code). Amendments
noted where applicable.]
A.
No person shall consume any alcoholic beverage within the limits
of the Borough of South Waverly or have in his possession any open
alcoholic beverage container with unconsumed alcoholic beverage therein
while:
(1)
In or on a public street, sidewalk, public parking place, park, playground,
school building or grounds or any other public or quasi-public place
or in any public conveyance.
(2)
In a private motor vehicle while the same is in motion or parked
in any public street, public parking lot or other public or quasi-public
place.
B.
No person shall discard alcoholic beverage containers upon any public
street, lane, sidewalk, public parking lot or public or quasi-public
place or upon any private property not his own without the express
permission of the owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notwithstanding anything hereinabove contained, the Mayor of
the Borough of South Waverly may issue a permit for the possession
or consumption of alcoholic beverages in any designated park or other
public place under its jurisdiction at the designated time or times
in connection with a special event which shall have been authorized
by the Mayor.
[Added 6-2-2010 by Ord.
No. 06-02-10-02[1]]
The Borough of South Waverly contracting police force or any
other authorized agent shall have the power and duty to enforce the
provisions of this chapter.
[1]
Editor's Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Bradford County.
