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Alcoholic Beverages

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AN ORDINANCE PROHIBITING THE DRINKING OF “ALCOHOLIC

BEVERAGES” UPON ANY PUBLIC ACCESS PROPERTY, OR IN ANY


VEHICLE BEING OPERATED OR PARKED THEREON, AND TO PROHIBIT
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; AND TO PROVIDE PENALTIES FOR THE VIOLATION
THEREOF

BE IT ORDAINED AND ENACTED by the Borough Council, as is hereby


ordained and enacted by the Authority of the same as follows:

Section 1. Definitions – the following terms shall have the meaning indicated:

a. Alcoholic Beverages – as defined in the “Liquor Code” of the


Commonwealth of Pennsylvania )i.e. liquor, wine, malt, and brewed
beverages);

b. Open Container – any container from which consumption of an alcoholic


beverage is occurring;

c. Public Access Property – any public street, alley, sidewalk, park,


playground, ball field, recreation areas, commons, or parking lots; or any
private parking lots open to public use (regardless if the private parking lot
establishment is open or closed for business);

Section 2. 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 a vehicle under such person’s
control, any open container containing an alcoholic beverage upon any public
access property in the Borough.

Section 3. Any person who shall violate the provisions of this Ordinance, shall
upon conviction thereof, be sentenced to pay a fine of fifty ($50.00) dollars plus
the costs of prosecution, or in default of payment of same, to undergo
imprisonment for five (5) days for the first offense; one hundred ($100.00) dollars
plus the costs of prosecution, or in default of payment, imprisonment for ten (10)
days for the second offense; and three hundred ($300.00) dollars plus the costs of
prosecution, or in default of payment, imprisonment for ninety (90) days for the
third offense and any offense thereafter.

Section 4. Any police officer is hereby authorized to act on behalf of the


Borough.

Section 5. All ordinances and parts of ordinances inconsistent herewith are


hereby repealed.
Section 6. If any provision or part of this Ordinance 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 Ordinance. It is hereby
declared as the intent of Borough Council that this Ordinance would have been
adopted had such unconstitutional, illegal, or invalid provision or part not
included herein.

Section 7. This Ordinance shall take effect immediately upon its enactment.

This is a sample ordinance. We suggest that it be modified, as appropriate, to fit the needs of your borough. We also suggest that all
proposed ordinances be reviewed by your solicitor. Although these are samples of ordinances which have been adopted by other
municipalities, the Association cannot assume responsibility for ensuring their legality. We are pleased to provide this service free of
charge to our members. If we can be of further assistance, please do not hesitate to contact us: PENNSYLVANIA STATE
ASSOCIATION OF BOROUGHS, 2941 North Front Street, Harrisburg, PA 17110. 717-236-9526.

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