[HISTORY: Adopted by the Borough Council of the Borough of
Royersford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-14-1979 by Ord. No. 570 (Ch. 6, Part 3, of the 1990 Borough
Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
The location of any container, bottle or can containing any
alcoholic beverage which is nearby, close at hand, convenient of access,
and within such distance of the party so having it as that party could
without materially changing his position, get his hand on it.
The condition of a container whose cap, cork, top or other
closing device has been removed or the condition of a can which has
been punctured or pulled open so as to break its seal.
The exercising of conscious dominion or control over any
container, bottle or can containing an alcoholic beverage.
No person shall have on or about his person, possess, carry
or transport liquor, wine, beer or other alcoholic beverages in open
containers in or about any public sidewalk, street, alley, walkway,
public park or playground, or any other public place in the Borough
of Royersford. No person shall drink or consume liquor, wine, beer
or other alcoholic beverages in or upon any street, sidewalk, alley,
walkway, public park or playground, or any other public place in the
Borough of Royersford.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding 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 court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
