[Adopted 5-21-2001 by Ord. No. 12-2001]
There is a need within the Township of Greenwich
to prevent any person under the legal age, without legal authority,
from knowingly possessing or knowingly consuming an alcoholic beverage
on private property. This article is intended to meet this need and
to provide guidance in its enforcement.
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
It is hereby unlawful for any person under the
legal age to, without legal authority, knowingly possess or knowingly
consume an alcoholic beverage on private property.
A.
First offense. Upon conviction by the Greenwich Township
Municipal Court of a violation of this article, a person shall be
punished by a fine of $250, plus court costs.
B.
Second or subsequent offense. Upon conviction by the
Greenwich Township Municipal Court of a second or subsequent offense,
a person shall be punished by a fine of $350, plus court costs.
C.
Revocation of driving privileges. The Court may, in
addition to the fine imposed, 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 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.
D.
Confiscation of driver's license. 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 sex of the
person, as well as the first and last date of the license suspension
period imposed by the court.
E.
Operation of motor vehicle while suspended; additional
penalties. 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 of a violation of N.J.S.A. 39:3-40.
F.
Nonresident violators. If the person convicted under
such an ordinance 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.
A.
This article
shall not prohibit an underaged 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, guardian or relative who has
attained the legal age to purchase and consume alcoholic beverages.
B.
This article 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 Revised
Statues, 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,
no ordinance enacted pursuant to this section shall be construed to
preclude the imposition of a penalty under this section, 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.
Any police officer or any special officer duly
appointed by the Mayor and Township Council is hereby authorized and
empowered to issue a citation to any such person who may be in the
act of violating the provisions of this article.
Under N.J.S.A. 2B:12-17, the Greenwich Township
Municipal Court has jurisdiction over violations of municipal ordinances.
