[HISTORY: Adopted by the Borough Council of the Borough of Birdsboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2005 by Ord. No. 394]
The following terms have the meanings set forth below, unless a different meaning is plainly required by the context:
ON OR ABOUT THE PERSON
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 such party could without materially changing his position get his hand on it.
OPEN
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.
POSSESSION
The exercising of conscious dominion or control over any container, bottle or can containing an alcoholic beverage.
Ordinance No. 319 of the Borough of Birdsboro, which formerly prohibited the possession of any container, bottle or can containing an alcoholic beverage at certain locations within the Borough of Birdsboro and authorized regulations for the issuance of permits for the possession and consumption of alcoholic beverages on property owned by the Borough of Birdsboro, is hereby repealed and replaced by this article. Resolution 3-88, a resolution of the Borough Council of the Borough of Birdsboro promulgating rules and regulations under the provisions of Ordinance No. 319 and authorizing regulations for the issuance of permits for the possession and consumption of alcoholic beverages on property owned by the Borough of Birdsboro, is hereby rescinded.
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 Birdsboro. 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 Birdsboro.
Any person who shall violate any provision of this article shall, upon conviction before any Magisterial District Judge, be subject to a fine of not less than $50 nor more than $300, together with costs of prosecution for the violation, or, in default of payment thereof, to suffer imprisonment for not more than 30 days.