[Adopted 2-7-2007 by Ord. No. 1-2007]
Any person violating the provisions of this article shall, in
accordance with the provisions of N.J.S.A. 40:48-1.2, be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense.
A.
In addition to the fine authorized for this offense, the court may
suspend or postpone for six months the driving privileges 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 N.J.S.A. 40:48-1.2. If a person at the time of the imposition of
sentence is less than 17 years of age, the period 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 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 of Motor Vehicles
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.
Notification.
(1)
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.
(2)
Failure to receive 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 a 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.
GUARDIAN
RELATIVE
Definitions. As used in this section, 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 affinity.
B.
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.
C.
This article shall not 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 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 article
shall not be construed to 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.
