[Amended 12-9-2010 by Ord. No. 19-2010]
A. No person
shall consume any liquor, wine, beer, or any other intoxicating liquor
or alcoholic beverage or have access to or possess any open bottle,
can, jar, container, or any other vessel which contains any liquor,
wine, beer, or any other intoxicating liquor or alcoholic beverage:
(1) In or
upon any public street, lane, highway, thoroughfare, sidewalk, park
recreation area, beach, or any other public or quasi-public place
or in any public conveyance;
(2) In a
private conveyance while such conveyance is in motion, stopped or
parked in or on a public street, lane, highway, thoroughfare, park
recreation area, beach, public parking lot or quasi-public parking
lot;
(3) While
in or on private property not his or her own, without having the express
permission of the owner or any person of adult age authorized to grant
such permission.
B. The prohibition contained in this §
75-9 shall not apply to the consumption of alcoholic beverages purchased or distributed in accordance with the lawful issuance by the City of Somers Point of an alcoholic beverage permit for a special event; provided, however, that:
(1) Such
beverage or container shall have been purchased at the event or distributed
by the event sponsor;
(2) It shall
be possessed solely within the geographical boundaries of the location
of the event or within such more-limited area as may be prescribed
by the terms of the permit or the rules and regulations established
by the event sponsor;
(3) It shall
be possessed only within the time limits established by the permit;
and
(4) All
other conditions of the permit are being satisfied.
C. No person
shall discard any bottle, can, jar or other vessel containing or having
contained liquor, wine, beer or any other alcoholic or intoxicating
beverage upon:
(1) Any
public street, lane, highway, thoroughfare, sidewalk, park recreation
area, beach, or any other public or quasi-public place; or
(2) Any
private property not his or her own, without the express permission
of the owner or any adult person having authority to grant such permission.
There shall be a rebuttable presumption against each and every person charged with this offense of consumption of an alcoholic beverage in a public place or motor vehicle as set forth in §
75-9, if that person is knowingly in possession of an open container which contains or has recently contained an alcoholic beverage.
[Amended 3-14-1991 by Ord. No. 6-1991]
Any person or persons violating this article
shall, upon conviction in the Municipal Court of the City of Somers
Point, be subject to a fine not exceeding $1,000 or imprisonment in
the county jail for not more than 90 days or a period of community
service not to exceed 90 days, or any combination of the foregoing.
Copies of this article shall be posted on every
public beach, in the City Hall and in every place licensed for the
sale of alcoholic beverages within the City of Somers Point.