[Adopted 12-5-2000 by Ord. No. 0.12.00]
It is unlawful for any person under the legal
age to purchase alcoholic beverages in this state, to knowingly possess
or consume an alcoholic beverage on private property. Violation of
this provision shall result in a fine of $250 for the first offense
and $350 for each subsequent offense.
A.
In addition to the fine authorized above for this
offense, the court may suspend or postpone for six months the driving
privilege of the offender. Upon such suspension or postponement of
the offender's driver's license, the court shall forward a report
to the Division of Motor Vehicles stating the first and last days
of the suspension or postponement imposed by the court pursuant to
this section.
B.
If, at the time of the imposition of this sentence,
a person has a valid driver's license issued by this state, the court
shall immediately collect the license and forward it to the Division
of Motor Vehicles along with the report.
C.
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 days of the license suspension period imposed by the court.
D.
The court shall inform the person orally and in writing
that if he or she is convicted of operating a motor vehicle during
the period of license suspension or postponement, he or she 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 of a violation of N.J.S.A. 39:3-40.
If, at the time of the imposition of a sentence,
the offender is under the age of 17 years, 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 run for a period of six months after the person reaches the age
of 17 years.
If a person convicted under this ordinance is
not a resident of this state, the court shall suspend or postpone,
as appropriate, the nonresident driving privilege of the person based
on the age of the person and shall submit to the Division of Motor
Vehicles the required report. The court shall not collect the license
of a nonresident convicted under this ordinance.
A.
This ordinance shall not prohibit an underage person
from consuming or possessing an alcoholic beverage in connection with
a religious observance, ceremony or rite, or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, step-parent, guardian or relative who has attained the legal
age to purchase and consume alcoholic beverages.
B.
This ordinance shall not prohibit possession of alcoholic
beverages by any such person while actually engaged in the performance
of employment by a person who is licensed under Title 33 of the New
Jersey 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 ordinance shall not be construed to preclude the imposition
of a penalty under this ordinance or any other section of law against
a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of an underage person
pursuant to testamentary or court appointment.
Either the natural father or the natural mother
of a child born of their valid marriage to each other, if no subsequent
judicial decree has divested one or both of them of their statutory
co-guardianship as created by their marriage.
Either the adoptive father or the adoptive mother
of a child jointly adopted by them, if no subsequent judicial decree
has divested one or both of them of their statutory co-guardianship
as created by the adoption.
The natural mother of an illegitimate child,
if her position as sole guardian of such a child, has not been divested
by a subsequent judicial decree.
A child's putative blood parent who has expressly
acknowledged paternity and contributed meaningfully to the child's
support.
Any individual or agency whose status as guardian
of the person of the child has been established by judicial decree.
The underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
The mother or father of a child born during a previous marriage
of the other parent and hence, not the natural parent of such child.
If any portion of this ordinance is adjudged
unconstitutional or invalid, such adjudication shall not affect or
invalidate the remainder of the ordinance, which shall remain in full
force and effect.
