OPEN CONTAINER

Alcoholic Beverages, Possession of Open Containers or Consumption

§6-201. Definitions.

The following definitions shall apply herein:

Alcoholic beverage–any liquor or brewed or malt beverage as defined by the Liquor Code of the Commonwealth of Pennsylvania, Act of June 29, 1987, P.L. 32, No. 14, 47 P.S. §1-101 et seq., as amended.

Open container–an open, unsealed, resealed or partially refilled container, containing an alcoholic beverage including, but not limited to, any size of can, bottle, glass, container, cup, mug, tankard, thermos-type container, or plastic bottle of any nature, including squeeze-type bottles.

Person–any individual, male or female, resident or nonresident of the Township of Annville.

Public way–every way, including but not limited to every street, road, alley, sidewalk, steps, ramps, and rights-of-way that are open to the use of the public as a matter of right and are located within the Township of Annville.

Public place–any place, including but not limited to any public buildings, public parks, public municipal parking lots, public parking lots, or semi-public parking lots which are defined to include any area wherein motor vehicles are parked by the public in conjunction with any business, enterprise, commercial establishment, office building, or apartment building, or other public property, open to the use of the public as a matter of right, and located within the Township of Annville.

Private property–any property not a public place.

§6-202. Consumption, Possession, Use or Distribution Restricted.

It shall be unlawful for any person to consume any alcoholic beverage and/or to possess, use or distribute an open container containing any alcoholic beverage in or upon any public way or public place or upon any private property without the permission, consent, or invitation of the owner, occupant or other person in control within the Township of Annville, except for any person exempted from such conduct as described herein.

(Ord. 512, 4/3/2000, §2)

§6-203. Consumption, Possession, Use, or Distribution Vehicles Restricted.

It shall be unlawful for any person to consume any alcoholic beverage and/or to possess, use or distribute an open container containing any alcoholic beverage while such person is the operator of or an occupant or passenger in or on a motor vehicle which is parked, standing or being operated in a public place or within a public way or upon private property without the permission, consent, or invitation of the owner, occupant or other person in control within the Township of Annville. To the extent that this Section is addressed by the Pennsylvania Vehicle Code, 75 Pa.C.S.A. §101 et seq.,6-7

§6-203 Township of Annville §6-205 as amended, that Code shall control.

(Ord. 512, 4/3/2000, §3)

§6-204. Exemptions.

Any facility or establishment licensed to serve or dispense alcoholic beverages by the Pennsylvania Liquor Control Board, or any other body having such authority, pursuant to the laws of the Commonwealth of Pennsylvania and each person who is a patron of such facility or establishment are exempt from these restrictions, so long as each individual remains within the facility or establishment while in possession of the alcoholic beverage.

(Ord. 512, 4/3/2000, §4)

§6-205. Violation and Penalty.

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of: for a first violation, $50; for second violation, $100; for a third violation, not less than $150; for a fourth and subsequent violation, not less than $300; nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.