City of Garfield, NJ Article II Consumption in Public and on Private Property

[Adopted 5-3-1977 by Ord. No. 1617 (Ch. 82, Art. II, of the 1979 Code)]

§ 73-23 Consumption in public places.

[Amended 12-9-2003 by Ord. No. 2384]

A. No person shall consume any alcoholic beverages within the limits of the City of Garfield or have in his possession any opened alcoholic beverage container with unconsumed alcoholic beverage therein:

(1) While in or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground recreation area, school buildings or grounds or any other public or quasi-public place or in any public conveyance;

(2) In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot or other public or quasi-public place. This subsection shall not apply to a passenger of a charter or special bus operated as defined under N.J.S.A. 48:4-1 or a limousine service.[1]

[Amended 10-14-2008 by Ord. No. 2540]

[1] Editor's Note: Former Subsection A(3), concerning consumption or opening of alcoholic beverages on private property without permission, which immediately followed this subsection, was repealed 10-14-2008 by Ord. No. 2540.

B. No person shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner.

C. No person shall be intoxicated or drunk or disorderly in any public omnibus, taxi, street, highway, thoroughfare or any sidewalk or in any private house, home or in any boardinghouse, store, restaurant or other private, public or quasi-public place or house to the annoyance or disturbance of any person by reason of the fact that the intoxicated person shall obstruct, molest or interfere with any person lawfully on said premises and/or make offensive, profane, lewd, lascivious, indecent or disgusting remarks to anyone legally on said premises.

D. It shall be unlawful for any person to sell, distribute, transfer or by any other means supply any alcoholic beverage to any person under the age in any public or quasi-public place or while in or on a public street or thoroughfare or while in a vehicle, whether it is standing or moving in the City of Garfield, which shall subject the violator of this section to the penalties prescribed in this chapter.

E. It shall be unlawful for any person under the legal age to purchase, receive, obtain or possess any alcoholic beverage from someone over the legal age in any public or quasi-public place or while in or on a public street or thoroughfare or while in a standing or moving vehicle on any street or public or quasi-public thoroughfare in the City of Garfield which shall subject the violator of this section to the penalties hereinafter prescribed in this chapter.

§ 73-24 Consumption by minors on private property.

[Added 12-9-2003 by Ord. No. 2384]

A. No person under the legal age to consume alcoholic beverages shall knowingly possess or knowingly consume alcoholic beverages on private property. Any person found to be in violation of this subsection shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privileges of that person's driver's license. Upon conviction, the Municipal Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

B. If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the Court shall immediately collect the license and forward it to the New Jersey State Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.

C. The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge or a violation of N.J.S.A. 39:3-40.

D. If the person convicted under this subsection is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The Court shall not collect the license of a nonresident convicted under this subsection. Upon receipt of a report by the Court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

E. Exceptions. No person shall be convicted for violating this subsection if:

(1) The person consumes or possesses the alcoholic beverage in connection with a religious observance, ceremony or rite or consumes or possesses an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages. As used in this subsection, "relative" means the underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity. The term "guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

(2) The person is actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this subsection does not preclude the imposition of a penalty under this section, N.J.S.A. or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at the premises licensed for the sale of alcoholic beverages.

§ 73-25 Permit for consumption in public places.

[Amended 12-9-2003 by Ord. No. 2384]

Notwithstanding anything hereinabove contained, the Mayor and Council of the City of Garfield or any legal constituted municipal agency of the City may issue a permit for the possession or consumption of alcoholic beverages in any designated park or other public place under its jurisdiction at the designated time or times in connection with a special event which shall have been authorized by the Mayor and Council or other legally constituted municipal body or agency having authority to issue such permits.

§ 73-26 Exception for fire companies.

[Added 9-7-1977 by Ord. No. 1629]

Nothing contained or provided for in this article is intended to prohibit any fire company from offering or otherwise providing alcoholic beverages.

§ 73-27 Violations and penalties.

[Amended 4-25-2006 by Ord. No. 2457]

For violation of any provision of this article, the maximum penalty shall, upon conviction of a violation, be one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.