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:
- ALCOHOLIC BEVERAGE(S)
- 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.
- MOTOR VEHICLE
- Includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
- OPEN CONTAINER
- 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.
- PUBLIC PLACE
- 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.
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.
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.
[Added 6-15-2005 by Ord. No. 05-15]
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]
Any person violating and failing to comply with any of the provisions of this article 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 pemitting the continuation of the violation may be punished as provided above for each separate offense.
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.