[Adopted as Sec. 4-9 of the 1982 Revised
General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any public street, including those portions of the public
streets between the curblines and property lines. Any Borough-owned
and controlled property, building, structure, parking lot, privately
owned parking lot used for public or customer parking, and in or upon
any motor or other type vehicle on any public street or on any parking
lot as previously described. Any public park, recreation field, open
space or other facility.
A.
The consumption of any alcoholic beverages in public
is prohibited.
B.
Exceptions:
[Amended 6-16-2020 by Ord. No. 1569]
(1)
The Borough Council may approve, upon written application therefor,
a permit for the use of Borough property for the consumption of alcoholic
beverages in connection with a special event. The Borough Council
shall approve or deny applications for such permits, on a case-by-case
basis, as it deems advisable based upon the best interest of the Borough
employees and the general public.
C.
No person shall possess cannabis of any type or kind, including but
not limited to any or all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the
seeds thereof; the resin or separated resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds
or resin, including the separated resin, whether crude or purified
obtained from cannabis, except from an approved dispensary. No person
shall ingest, consume, make visible, use/smoke, sell, barter, gift
or give away cannabis of any type or kind in Borough-owned facilities
or public places, including, but not limited to, public rights-of-way,
public streets, beaches, parks, any public place, public area, public
parking lot(s), or public building of the Borough, including at public
events sponsored by the Borough or events held on or partially upon
Borough-owned facilities or public places; nor in any motor vehicle,
whether parked or moving; nor in any public place in the Borough.
For the purpose of the Borough Code, "marijuana" and "cannabis" shall
have the same meaning.
[Added 5-4-2021 by Ord.
No. 1587]
It is hereby declared unlawful to carry, display
or otherwise transport any alcoholic beverage on, over or along any
public street or parking lot as defined above, or on any public property
of the Borough. This shall not prohibit transporting alcoholic beverages
on any public street or parking lot when the container is wrapped
or otherwise covered, or when the container is contained within a
box, wrapper or carton packaged in that manner for sale to the public.
[Amended 5-20-2008 by Ord. No. 1314; 10-7-2008 by Ord. No.
1323]
It shall be unlawful for a person under the
age of 21 years to have in his or her possession any form of identification
that might reasonably be utilized to falsely establish that such person
is 21 years of age or older.
[Amended 3-7-2006 by Ord. No. 1251; 6-20-2023 by Ord. No. 1642; 7-18-2023 by Ord. No. 1648]
Anyone violating any provision of this article shall, upon conviction thereof, be subject to a minimum fine of $100 and a maximum fine as set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code. A violation of this section, in combination with conduct by the offender that either causes terror and/or alarm to others, incites violence, hinders or obstructs any Borough employee in performance of its duties, is unreasonably loud and/or boisterous, offends the sensibilities of the public given the time and place of the conduct, and/or otherwise has a deleterious impact on public order, shall constitute a breach of the peace.
