[Adopted 11-10-2010 by Ord. No. 2010-17]
It is hereby unlawful for any person under the legal age ("underage
person") who, without legal authority, knowingly possesses or knowingly
consumes an alcoholic beverage on private property. No person shall
be considered to knowingly possess an alcoholic beverage merely because
he or she is present where alcoholic beverages are being consumed.
A person under the legal age shall not be prohibited from:
A.
Possessing or consuming an alcoholic beverage in connection with
a religious observance, ceremony, or rite, or possessing or consuming
an alcoholic beverage in the presence of, or with the written permission
of, such person's parent or guardian or relative who has attained
the legal age to purchase or consume alcoholic beverages; or
B.
The possession of an alcoholic beverage in the preparation of food
while enrolled in a culinary arts or hotel management program at a
county vocational school or postsecondary educational institution.
Any person who affirmatively requests assistance from authorities
(such as via a 9-1-1 call) or from an off-site adult (such as a parent,
guardian or neighboring resident) for the purpose of seeking aid for
a person who is suffering from the effects of alcohol or otherwise
is in need of medical assistance shall not be charged under this article
with underage possession or consumption of alcohol on private property,
as long as assistance is provided as a result of such request. In
an instance where such an affirmative request for assistance is made,
and the person to whom assistance is provided is under 21, that person
also shall not be charged under the article with underage possession
or consumption of alcohol on private property.
Any person who is a resident of a dwelling on private property
and affirmatively requests assistance from authorities (such as via
9-1-1 call) or from an off-site adult (such as a parent, guardian
or neighboring resident) for the purpose of controlling or removing
nonresidents who are on that property shall not be charged under this
article with underage possession or consumption of alcohol on private
property, as long as assistance is provided as a result of such request.
As used in this article, the following words shall have the
following meanings:
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.
A violation by an underage person of this article shall be punished
by a fine of $250 for a first offense, and $350 for any subsequent
offense. In addition, the court may, in its discretion, require the
performance of community-related service.
A.
The court may, in addition to the penalty authorized for this offense,
suspend or postpone for six months the driving privileges of the defendant
underage person. Upon conviction of any underage 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 ("Division") stating
the first and last day of the suspension or postponement period imposed
by the court pursuant to this article. 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 an underage person at the time of the imposition of a sentence
has a valid driver's license issued by this state, the court may 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.
C.
The court shall inform the underage 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 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.
D.
If the underage 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 non-resident 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.
