Public Drunkenness Ordinance


An Ordinance Prohibiting Public Drunkenness in the City of Hazleton and
Prescribing Penalties for Violations

Section 1. Purpose.

Public Drunkenness creates a danger to the citizens of the City of Hazleton as well as to the individual who appears in the public while under the influence of alcohol or a controlled substance. Recognizing these are community problems, the purpose of this Ordinance is to promote the health, safety and general welfare of the City by prohibiting Public Drunkenness.

Section 2. Prohibited Acts.

A person is guilty of a violation of this Ordinance if he appears in any public
place manifestly under the influence of alcohol or a controlled substance, as defined under the act of April 14, 1972 known as the Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in the Act, to the degree that he may endanger himself or others persons or property, or annoy persons in his vicinity.

Section 3. Enforcement.

The provisions of this Part shall be enforced by Hazleton City police officers.

Section 4. Service.

A violation ticket shall be served upon a violator by handing it to the violator.

Section 5. Fines and Penalties.

A violation of this Ordinance shall result in the imposition of a fine of $100.00. A person in violation of this Ordinance shall have thirty (30) days from the date of issuance of the violation to make payment of the fine in full. Failure to make payment in full within thirty (30) days shall result in the issuance of a summary citation under and in accordance with Section 5505 of Title 18 of the Pennsylvania Crimes Code.

Section 6. Severability.

If any provision, paragraph, word, section, or subsection of this Part is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsection shall not be affected and shall remain in full force and effect.

Section 7. All relevant ordinances, regulations, and policies of the City of Hazleton,
Pennsylvania not amended shall remain in full force and effect.

Section 8. If any section, subsection, sentence, or clause of this ordinance is held, for any reason, to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance.

Section 9. Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be and the same is hereby repealed to the extent of such conflict.

Section 10. This Ordinance shall be effective immediately upon passage and approved in the manner prescribed by law.

ORDAINED AND ENACTED by Council this 6th day of February, 2013.

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