The purpose of this article is to prohibit the
consumption of any and all alcoholic beverages in or upon any public
place or private motor vehicle in order to protect the health, safety
and welfare of the citizens of the Borough of Seaside Heights.
The following terms shall having the following
meanings as contained in this article:
A fluid, or a solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume. The term shall include alcohol, beer,
lager beer, ale, porter, naturally fermented wine, treated wine, blended
wine, fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes, or any mixture of them.
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace
Modernization Act.[2]
[Added 5-19-2021 by Ord.
No. 2021-15]
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; theater or concert hall;
public library; museum or art gallery; bar; restaurant or other establishment
where the principal business is the sale of food for consumption on
the premises, including the bar area of the establishment; garage
or parking facility; any public conveyance operated on land or water,
or in the air, and passenger waiting rooms and platform areas in any
stations or terminals thereof; health care facility; patient waiting
room of the office of a health care provider; child-care center; race
track facility; facility used for the holding of sporting events;
ambulatory recreational facility; shopping mall or retail store; hotel,
motel or other lodging establishment; apartment building lobby or
other public area in an otherwise private building; or a passenger
elevator in a building other than a single-family dwelling.
[Added 5-19-2021 by Ord.
No. 2021-15]
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
Include any container containing an alcoholic beverage where
the original seal thereon has been broken, whether or not any portion
of the alcoholic beverage has been consumed from the container.
Includes any public street, lane, roadway, avenue, sidewalk,
public parking lot or place, park, playground, public school, recreation
area, beach, shoreline, lake or pond, any land or building occupied
by the Borough of Seaside Heights, public conveyance and any other
public or quasi-public location where the public is generally admitted
without restriction; provided, however, that nothing herein shall
be construed to prohibit the consumption or sale of alcoholic beverages
within premises licensed as plenary retail consumption or distribution
or any other establishment holding a valid liquor license.
[Amended 5-19-2021 by Ord. No. 2021-15]
A.Â
Alcoholic beverages.
(1)Â
No person shall consume any alcoholic beverage in or upon any public
place or in any public or private motor vehicle while the same is
in motion or parked in any public place.
(2)Â
No person shall possess an open container of alcoholic beverage in
any public place or in any public or private motor vehicle while the
same is in motion or parked in any public place.
B.Â
Cannabis. It is unlawful for any person over the age of 21 to consume,
other than by smoking, vaping, or aerosolizing, any cannabis item
in a public place, including any indoor public place, other than school
property, or when not prohibited by the owner or person responsible
for the operation of the public place.
[Added 6-15-2005 by Ord. No. 05-15]
A.Â
No person under the legal age for consumption or purchase
of alcoholic beverages shall possess any open or closed container
of alcoholic beverage in any public place or in any public or private
motor vehicle.
[Amended 2-20-2013 by Ord. No. 13-07]
Notwithstanding the provisions contained in § 17-16, the Mayor and Council of the Borough of Seaside Heights may, by resolution duly adopted, permit the possession and consumption of alcoholic beverages in a designated park, recreation area or other public place at a designated time or times in connection with a special event, series of events or observance which has been authorized by the Mayor and Council prior thereto, and which possession or consumption of alcoholic beverages shall comply with all applicable laws, ordinances and regulations. Under no circumstances shall a liquor license granted by the Borough be issued an extension onto a public street.
[Amended 6-19-2002 by Ord. No. 2002-15; 3-2-2005 by Ord. No. 05-08; 5-19-2021 by Ord. No. 2021-15]
A.Â
Any person violating and failing to comply with any of the provisions of this article, with the exception of § 17-16B, shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
C.Â
The violation of any provision of this article shall be subject to
abatement summarily by restraining order or injunction issued by a
court of competent jurisdiction.
