[Adopted 9-12-2011 by Ord. No. 2011-19]
No person under the age of 21 years ("underage person") shall,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property. A person shall not 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 age of 21 years 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 and with the permission of a parent, guardian,
or relative who has attained the legal age to purchase or consume
alcoholic beverages; or
B.
Possessing
an alcoholic beverage while engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes
of New Jersey 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.
A 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 other adult) 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 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
the assistance is provided is under the age of 21, that person also
shall be not charged with underage possession or consumption of alcohol
on private property.
A person who is a resident of a dwelling on a private property
who affirmatively requests assistance from authorities (such as via
a 911 call) or from an off-site adult (such as a parent, guardian,
or other adult) for the purpose of controlling or removing nonresidents
who are on that property shall not be charged 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 section:
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 of this article by an underage person 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 a violation
of this article, suspend or postpone for six months the driving privileges
of a convicted 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. 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 attains 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 the 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 a convicted underage person 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 convicted underage nonresident. Upon receipt of a report
by the court, the Division shall notify the appropriate officials
in the licensing jurisdiction of the convicted underage person of
the suspension or postponement.
