[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 1-15-2018 by Ord. No. 433-18. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any liquor or brewed or malt beverage as defined by the Liquor Code of the Commonwealth of Pennsylvania, as amended, 47 P.S. § 1-101 et seq.
- OPEN CONTAINER
- An open, unsealed, resealed, or partially refilled container, can, or bottle containing an alcoholic beverage.
- PUBLIC PLACE
- Any location, of whatever nature, that is open to the use of the public as a matter of right, including but not limited to public parks, parking lots and buildings in the Township. This shall also include private parking lots or other private areas open to public use in the Township.
- PUBLIC WAY
- Every street, road, alley, sidewalk, steps, ramps, trail or path that is open to the use of the public as a matter of right in the Township. This shall also include private streets, roads, alleys, sidewalks, steps, ramps, trails or paths that are open to the use of the public in the Township.
No person shall drink any alcoholic beverage in any vehicle or otherwise upon a public place or right-of-way in the Township.
No person shall carry or possess alcoholic beverages with the intention of consuming the same upon a public place or way.
The possession of any open container containing an alcoholic beverage in a vehicle or otherwise upon public place or way shall be presumed to be with the intent to consume such beverage.
Any facility or establishment licensed or permitted to serve or dispense alcoholic beverages by the State Liquor Control Board or other body pursuant to the laws of the Commonwealth of Pennsylvania and persons who are patrons of any such facilities or establishments are exempt from this chapter, provided that the patrons remain within the confines of said facilities or establishments with the alcoholic beverages.
A person seated at a table which is contained within an approved outdoor cafe, as defined in Chapter 455, Zoning, is exempt from this chapter, provided the person remains seated in the approved outdoor cafe area.
A special event, approved by the Township as set forth in Chapter 382, Special Events, and permitted by the Pennsylvania Liquor Control Board, is exempt from this chapter, provided this exemption is specifically addressed in the Township approval.
To the extent any provision contained herein is inconsistent with the Pennsylvania Vehicle Code, as amended, 75 Pa.C.S.A. § 101 et seq., the Pennsylvania Vehicle Code shall control.
No provision of this chapter shall be construed in derogation of the rights of owner or tenant of any private property to legally use said premises or to grant permission to others for the lawful use thereof.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation is found to exist, continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.