[Ord. No. 4/13/1994A, § 1]
It shall be unlawful for any individual under the age of 21
years to have any alcohol, liquor, malt or brewed beverage in his
or her system within the Borough of Wesleyville.
[Ord. No. 4/13/1994A, § 2]
The police officers of the Wesleyville Police Department have
the authority to use either a PBT (preliminary breath test) or a breath-test
unit, or any other unit that has been approved by the Pennsylvania
Department of Health for use within this state, or may be approved
by that agency in the future, to determine if any individual under
21 years of age has alcohol within his or her system in violation
of this Part.
[Ord. No. 4/13/1994A, § 3]
A police officer who smells or detects the odor of an alcoholic
beverage on an individual's breath under 21 years of age shall
offer either breathtest unit to check that persons BAC (blood alcohol
content). In the event that an individual under the age of 21 refuses
an offer to take a breathtest, the police shall still have the authority
to file a citation for a violation of this Part.
[Ord. No. 4/13/1994A, § 4]
The presence of an alcoholic beverage on the breath of an individual
under the age of 21 shall constitute a violation of this Part.
[Ord. No. 4/13/1994A, § 5;
as amended by Ord. No. 10112006,
10/11/2006]
Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every such violation or
noncompliance, be guilty of a summary offense, punishable by a fine
of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
