[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted by 11-12-1973 (Ch. 22 of the 1974 Code)]
No alcoholic beverages of any kind shall be
sold for consumption on or off the premises in the Borough of Prospect
Park. Any previous ordinances which conflict with the provisions of
this article shall hereby be repealed.
[Added 10-11-1977]
As used in this article, the following terms
shall have the meanings indicated:
Any fluid, or 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, including alcoholic beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blending wine,
fortified wine, sparkling wine, distilled liquor, blended distilled
liquor and any brewed, fermented or distilled liquor fit for use for
beverage purposes or any mixture of the same and fruit juice.
[Added 10-11-1977; amended 3-26-2012 by Ord. No. 2012-4]
No person shall consume alcoholic beverages
on any of the public streets, sidewalks, parking lots, roadways, pathways,
playgrounds, parks or any other public property whatsoever within
the Borough of Prospect Park at any hour of the day or night.
[Added 10-11-1977]
No person shall consume any alcoholic beverages
while in any automobile, whether in motion or parked, upon any of
the public streets, parking lots, roadways, shopping plazas or other
thoroughfares open to general vehicular traffic in the Borough of
Prospect Park.[1]
[1]
Editor's Note: Original § 22-5, Permits, added 10-11-1977,
which immediately followed this section, was repealed 3-26-2012 by
Ord. No. 2012-4.
[Added 10-11-1977; amended 11-13-1995 by Ord. No. 1995-6]
[Adopted 9-15-2003 by Ord. No. 2003-13]
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
No person shall offer or serve any alcoholic
beverages to a person under the legal age within the Borough of Prospect
Park. No person who has ownership, control or supervision of any premises
shall permit or allow the consumption of alcoholic beverages by a
person under legal age in or upon such premises or at any event within
the Borough of Prospect Park.
The consumption or possession of alcoholic beverages
of any type on private property by a person who is under the legal
age and without legal authority is prohibited.
A.Â
The provisions of this article shall not apply to
an underage person who consumes or possesses an alcoholic beverage
in connection with a religious observance, ceremony, or rite, or consumes
or possesses an alcoholic beverage in the presence and with the permission
of a parent, guardian or relative who has attained the legal age to
purchase and consume alcoholic beverages.
B.Â
The provisions of this article shall not apply to
any such person while 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 postsecondary education institution.
C.Â
This article shall not be construed to preclude the
imposition of a penalty under N.J.S.A. 33:1-81, 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.
A.Â
Any person who shall violate any section of this article
shall be subject to a fine of not less than $250 for the first offense,
and a fine of $500 for a second offense, and a fine of $1,000 for
a third offense, and a fine of $1,250 for a fourth offense and for
each subsequent offense the fine shall be the maximum allowable by
law.
B.Â
The court may, in addition to the fine, suspend or
postpone for six months the driving privilege of the defendant. Upon
the conviction of any person and the suspension or postponement of
that person's driver's license, the 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 pursuant to
this section. 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 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.
C.Â
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 Division 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 the sex of the person, as well as the
first and last day of the license suspension period imposed by the
court.
D.Â
The court shall also 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, that 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 shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
E.Â
If the person convicted under this article 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
section. Upon receipt of a report by the court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
