[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.
As defined in the "Liquor Code" of the Commonwealth of Pennsylvania
(i.e., liquor, wine, malt, and brewed beverages).
Any container from which consumption of an alcoholic beverage
is occurring or can occur.
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.
A.
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.
B.
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.
