[Adopted 8-1-2011 by Ord. No. 16-2011]
For the purposes of this article, the following definitions
shall apply:
A person who has qualified as a guardian of an underage person
pursuant to testamentary or court appointment.
An underage 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 within the Township of Readington.
A.Â
Any person found guilty of violating the terms of this article shall
be subject to a fine of $250 for a first offense and $350 for any
subsequent offense.
B.Â
Upon a finding of guilt, the court may also suspend or postpone for
six months the person's driving privileges, in addition to the
authorized fine. 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 New Jersey Motor Vehicle Commission
("Commission") 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 such sentence for a
first or subsequent offense, 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. If a person,
at the time of the imposition of such sentence has a valid driver's
license issued by this state, the court shall immediately collect
the license and forward it to the Commission 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.Â
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 penalties set forth in N.J.S.A. 39:3-40. The 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.
D.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 for the person based on the age of the person and
shall submit to the Commission the required report. The court shall
not collect the license of a nonresident convicted under this section.
In accordance with N.J.S.A. 40:48-1.2, upon receipt of a report by
the court, the Commission shall notify the appropriate officials in
the licensing jurisdiction of the suspension or postponement.
A.Â
This article shall not prohibit an underage 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.Â
This article shall not prohibit the possession of alcoholic beverages
by any person under the legal age while such person is lawfully engaged
in the performance of employment by a person who is licensed under
Title 33 of the New Jersey Statutes Annotated, or while such person
is 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 education institution; however, this section shall
not be construed to preclude the imposition of a penalty under this
section, under N.J.S.A. 33:1-81, or under any other section of an
existing ordinance or 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
As provided by N.J.S.A. 40-48-1.2a, an underage person and one or
two other persons shall be immune from prosecution under this article
if:
(1)Â
One of the underage persons called 911 and reported that another
underage person was in need of medical assistance due to alcohol consumption;
(2)Â
The underage person who called 911 and, if applicable, one or two
other persons acting in concert with the underage person who called
911 provided each of their names to the 911 operator;
(3)Â
The underage person was the first person to make the 911 report;
and
(4)Â
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 911 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
