[Adopted 10-21-2014 by Ord. No. O-14-14]
A.
The Township of Hillside does hereby declare that the abuse of alcohol
is a serious problem affecting the health and welfare of all citizens.
The Township does further declare and determine that all reasonable
steps should and must be taken to discourage and prohibit the possession
and consumption of alcohol by underage persons, including such steps
as are necessary to prevent such possession and consumption on private
property.
B.
The purpose of this section also is to provide for the enforcement
of P.L. 2000, c. 33.
As used in this article, the following terms shall be defined
as follows:
A person who is qualified as a guardian of the underage person
pursuant to testamentary or court appointment.
The underage person's parent, grandparent, aunt, uncle,
sibling, first cousin or closer relative by blood, marriage or adoption
who has attained the legal age to purchase and consume alcoholic beverages.
Any person under the legal age to purchase and consume alcoholic
beverages who, without legal authority, on private property, knowingly
possesses, orders, purchases, serves or consumes alcoholic beverages
or who is under the influence of alcoholic beverages within the municipal
boundary of the Township of Hillside shall be in violation of this
article and subject to the penalties hereof.
A.
This section shall not apply to the following:
(1)
An underage person consuming or possessing an alcoholic beverage
in connection with an religious observance, ceremony or rite.
(2)
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.
(3)
An underage person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of New Jersey's 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.
B.
This article shall not 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.
C.
The enforcement of this article is subject to provisions of N.J.S.A.
40:48-1.2a providing immunity from prosecution in certain limited
circumstances.
A.
Any person who makes real property that is owned, leased or managed
by such person, or over which such person has actual and effective
control, available to persons who are under the legal age for consuming
alcoholic beverages with the knowledge that alcoholic beverages will
be made available for consumption or will be consumed by persons who
are under the legal age for consuming alcoholic beverages shall be
in violation of this article and subject to penalties hereof. Any
person who, within the Township of Hillside, leaves real property,
owned, leased or managed by such person or over which such person
has actual and effective control in the care of another person with
the knowledge that alcoholic beverages will be made available for
consumption by or will be consumed by persons who are under the legal
age for consuming alcoholic beverages shall be in violation of this
article and subject to penalties hereof. This section shall not apply
if:
(1)
The real property is licensed or required to be licensed by the Division
of Alcoholic Beverage Control in accordance with the provisions of
N.J.S.A. 33:1-1 et seq.;
(2)
The person making the property available or leaving it in the care
of another person is of the legal age to consume alcoholic beverages
and is the parent or guardian or first cousin or closer relative by
blood, marriage or adoption of the person who consumes alcoholic beverages
while under legal age for consuming alcoholic beverages; or
(3)
The alcoholic beverages are consumed by a person under the legal
age for consuming alcoholic beverages during a religious observance,
ceremony or rite.
B.
This section shall not apply to those actions constituting a violation
of law as set forth in N.J.S.A. 2C:33-17 or any successor statute.
A.
A person convicted of violating this article shall be punished by
a fine of $250 for a first offense and $350 for any subsequent offense.
B.
In addition to the fines set forth in this section for a violation
this article, the Court may 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.
(1)
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.
(2)
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.
(3)
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.
(4)
If the person convicted under this article is not a New Jersey resident and the Court determines to suspend or postpone that person's driving privilege, then 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 set forth in Subsection B(2) of this § 108-18. The Court shall not collect the license of a nonresident convicted under this section.
All law enforcement officers of the Township of Hillside are
hereby directed to apprehend any person observed by such officer to
be in violation hereof and any person whom the officer has probable
cause to believe to be in violation hereof.
