[Adopted 12-18-2012 by Ord. No. 12-055]
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 the
following:
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.
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 post secondary educational institution.
Any person who affirmatively requests assistance from authorities,
such as via a 911 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 this 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
a 911 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.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 the 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 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 reached 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 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.
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 nonresident convicted under this
article. 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.
Any person 18 years of age or younger who is convicted of a violation
of this article will be required to complete a court-approved alcohol
counseling program.
B.
Any person 19 years of age or older who is convicted of a second
or subsequent violation of this article will be required to complete
a court-approved alcohol counseling program.
The Chief of Police and the Health Officer will annually present
to the governing body a report on the effectiveness of this article.
