[Adopted 7-12-1984 by Ord. No. 963 (Ch.
97 of the 1999 Code)]
For the purposes of this Part, the following
definitions shall apply when used herein:
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 include synthetic ethyl alcohol and shall include but not
be limited to beer, whiskey, vodka, gin, bourbon, wine, champagne,
cold duck, liqueurs, rum, scotch and other forms of liquor.
Includes any individual, whether a resident or nonresident
of the Borough and whether male or female.
Includes all property owned by the Borough or property owned
by another governmental entity within the control of the Borough or
the Borough Council.
Every way or place, in whatever nature, located within the
Borough and open to the use of the public as a matter of right for
the purposes of vehicular or pedestrian travel or for the purposes
of recreation, and includes but is not limited to all streets, sidewalks,
alleys, walkways, parks, playgrounds or public corridors in a shopping
mall or other complex.
It shall be unlawful for any person to willfully
consume any beverage containing any amount or percentage of alcohol
whatsoever in or upon the public ways, parks, places or property within
the Borough.
The possession of an open container containing
a beverage with any percentage or amount of alcohol whatsoever in
or upon the public ways, parks, places or property of the Borough
shall be prima facie evidence of consumption of such beverage in violation
of this Part.
[Amended at time of adoption of Code (see AO)]
Any person found guilty, after a hearing before
a Magisterial District Judge having jurisdiction within the Borough,
of violating any of the provisions of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 for each
offense and, in default of payment of said fine and costs, to be imprisoned
for a period not exceeding 30 days for each offense.
The intent of the Borough is not to change or
usurp any of the existing laws of the Commonwealth of Pennsylvania
through the enactment of this Part. Therefore, the Borough intends
that each and every provision herein be given the interpretation most
favorable to the Borough consistent with the laws of the commonwealth.
Further, should any provision hereof be adjudged invalid, unlawful
or unconstitutional, the Borough intends the other provisions be interpreted
as if said invalid, unlawful or unconstitutional provision did not
exist.
