[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe 6-8-1981 by Ord. No. 652 (Ch. 6, Part 3, of the 1993 Code of Ordinances). Amendments
noted where applicable.]
For the use of this chapter, the following definitions shall
apply when used in this chapter.
Ethyl alcohol of any degree of 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 not mean or include synthetic ethyl alcohol, whether or
not diluted, that has been denatured or otherwise rendered unfit for
beverage.
Includes any individual, whether a resident or nonresident
of the Township of Stowe and whether male or female.
Includes all property owned by the Township of Stowe or property
owned by another governmental agency within the Township of Stowe.
Every way or place, in whatever nature, located within the
Township of Stowe and open to the use of the public as a matter of
right for the purpose of vehicular or pedestrian travel, or for the
purpose of recreation.
[Amended 7-14-2020 by Ord. No. 1018]
It shall be unlawful to willfully consume any beverage containing
any percentage of alcohol whatsoever in or upon the public ways, parks,
places or property within the Township, except for any events approved
by the Township Board of Commissioners. All requests for any events
to be approved to distribute, permit, and/or consume shall be made
via written request to the Township Secretary, or present such a request
at a regularly scheduled Council meeting. In approving any request,
the Township maintains the discretion to charge the sponsor, coordinator,
or person/entity hosting or responsible for the event where public
consumption of alcoholic beverages is being requested for any associated
costs, including, but not limited to, the costs of dispatching or
remitting Township police officers to be present at the event.
The possession of an open container containing a beverage with
any percentage of alcohol whatsoever and upon the public ways, parks,
places or property of the Township of Stowe shall be prima facie evidence
of consumption of such beverage in violation of this chapter.
[Amended 11-9-1993 by Ord. No. 760; 7-14-2020 by Ord. No. 1018]
A.Â
Any person
found guilty of violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to pay a fine not less than $100
and not more than $300 for the first offense, including the costs
borne by the Township in association with, or responding to, the event,
including, but not limited to, the costs of dispatching or remitting
Township police officers to be present at the event.
B.Â
Any person
found guilty of violating any of the provisions of this chapter a
second time within a calendar year shall, upon conviction thereof,
be subject to pay a fine not less than $250 and not more than $600
for the second offense, including the costs borne by the Township
in association with, or responding to, the event, including, but not
limited to, the costs of dispatching or remitting Township police
officers to be present at the event.
C.Â
Any person
found guilty of violating any provision of this chapter for a third
or subsequent time within a calendar year shall, upon conviction thereof,
be subject to pay a fine not less than $600, including the costs borne
by the Township in association with, or responding to, the event,
including, but not limited to, the costs of dispatching or remitting
Township police officers to be present at the event.
D.Â
In default
of any payment of said fine and costs, any violator of this chapter
may be subject to imprisonment for a term not to exceed 30 days.
