[HISTORY: Adopted by the Borough Council of the Borough of Pine Grove 12-14-2006 by Ord. No. 377. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Pine Grove Open Container Ordinance."
The intent and purpose of this chapter is to promote the general health, welfare, and safety of the Borough of Pine Grove and its citizens. Council finds that permitting persons in possession of alcoholic beverages in open containers upon public access property is detrimental to the physical, mental, and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of persons possessing alcoholic beverages in open containers within the Borough.
The following words, terms, and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
- ALCOHOLIC BEVERAGES
- As defined in the "Liquor Code" of the Commonwealth of Pennsylvania (i.e., liquor, wine, malt, and brewed beverages).
- OPEN CONTAINER
- Any container from which consumption of an alcoholic beverage is occurring or can occur.
- PUBLIC ACCESS PROPERTY
- Any public street, alley, sidewalk, park, playground, ball field, recreational areas, commons, or parking lots; or any private parking lots open to public use (regardless if the private parking lot establishes opened or closed for business).
It shall be unlawful for any person to drink an alcoholic beverage upon any public access property within the Borough and it shall be unlawful for any person to have in such person's possession, or in any vehicle under such person's control, any open container containing an alcoholic beverage upon any public access property in the Borough.
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of $50 plus the cost of prosecution, or in default of payment of the same, to undergo imprisonment for five days for the first offense; $100 plus the cost of prosecution, or in default of payment, imprisonment for 10 days for the second offense; and $300 plus the cost of prosecution, or in default of payment, imprisonment for 90 days for the third offense and any offense thereafter.
Any police officer (Borough, state, or other) is hereby authorized to act on behalf of the Borough.
All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
If any provision or part of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such decision shall not affect or impair the validity of any of the remaining provisions or parts of this chapter.
It is hereby declared as the intent of Borough Council that this chapter would have been adopted had such unconstitutional, illegal, or invalid provision or part not included herein.
This chapter shall take effect immediately upon its enactment.