Open Container Laws in Philadelphia

I could really use some advise...

Durring the 7th inning streatch of the Phillies game on Saturday night, we walked down to a bar and a couple of us were carrying beers when we walked out of the house.

A cop car pulled us over, took a can from my friend and I thew my can off into the weeks where it couldn't be found.

The cops handcuffed both of us and drove us to the local station where we were charged with "CO10604 Alcaholic Beverages." We were not breathalized, not read our rights like we were being arrested, so Im a little confused.

We were given a court date in a couple weeks. Do i need a lawyer? or do i just go and pay it like a speeding ticket?

Thanks!

What's the exact charge on your citation (the statute referenced).

CO 10604 Alcoholic Beverages Grade:S

Here's the ordinance and its possible penalties:

Quote:

---

Philadelphia City Ordiances § 10-604. Alcoholic Beverages.]
(1) Definitions.

(a) Alcoholic Beverages. All "liquor" and "malt or brewed beverages" as defined by the Pennsylvania Liquor Code, 47 P.S. § 1-102.

(b) Public Right-of-Way. All public streets, alleys, sidewalks, steps and other corridors through which either vehicles or persons may travel, including motor vehicles parked within such right-of-way.

(2) Prohibited Conduct.

(a) No person shall bring onto any city-owned recreation center, playground or park area, with the exception of Fairmount Park, proper, or drink thereupon an alcoholic beverage unless such person has written permission for that purpose from the person in charge of the City facility.

(b) No person shall consume alcoholic beverages or carry or possess an open container of alcoholic beverages in the public right-of-way, or on private property without the express permission of the landowner or tenant, except that this prohibition shall not apply to alcoholic beverages consumed in the public right-of-way as permitted under Chapter 9, Section 208 of The Philadelphia Code entitled "Sidewalk Cafes" or to block parties held under special permit issued by the Street Department and in accordance with regulations issued pursuant thereto.

(3) Regulations. The Philadelphia Police Department shall enact regulations to enforce this Section within ninety (90) days of passage of this ordinance.

(4) Penalties. The penalty for violation of any of the provisions of this Section shall be a fine of at least fifty dollars ($50) per violation but not to exceed three hundred dollars ($300) per violation. The failure to pay the fine within ten (10) days shall result in imprisonment for a period not exceeding ten (10) days, together with costs. Such penalties shall be enforced by the Philadelphia Police Department.

---

There's no harm in consulting a lawyer before you pay, and there may be benefit, but take note that failure to pay on time can result in jail time and increased costs.