Borough of Woodbury Heights, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights 3-14-77 as Ord. No. 5-1977. Amendments noted where applicable.]
[Amended 9-13-00 by Ord. No. 12-2000]
This chapter is enacted for the purpose of prohibiting the consumption of alcoholic beverages in public parks, playgrounds, recreation areas and public ways and further prohibiting the discarding of alcoholic beverage containers and other beverage containers upon any public way, place or private lands. Further prohibitions are enacted regarding the possession or consumption of alcoholic beverages by persons under the legal age on private property.
[Amended 11-5-80 by Ord. No. 12-1980]
No person shall consume, or offer to another for consumption, any alcoholic beverage in or upon any public building, park, playground or recreational area, nor in, on or upon any public lands, streets, roads, alleys, rights-of-way or sidewalks, or upon any land or building owned or occupied by the municipal government.
[Amended 11-5-80 by Ord. No. 12-1980]
No person shall consume, or offer to another for consumption, any alcoholic beverage in a private conveyance while such conveyance is located (whether in motion, stopped or parked) in or on any public street, road, lane, alley, right-of-way, public parking lot or any other public property.
[Amended 11-5-80 by Ord. No. 12-1980; 9-13-00 by Ord. No. 12-2000]
No person of legal age shall consume, or offer for consumption, any alcoholic beverage while in or upon private property not his or her own without having the expressed written permission of the owner or other person authorized to grant such permission, nor in a private conveyance while such conveyance is on private property without the expressed written permission of the owner or other person authorized to grant such permission.
[Added 9-13-00 by Ord. No. 12-2000]
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
A. 
The court may, in addition to the fine authorized for this offense, 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. If a person at the time of the imposition of the 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.
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.
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 R.S. 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 R.S. 39:3-40.
B. 
The court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of this 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.
C. 
This section does 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.
D. 
This section does not prohibit 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. This section does not preclude the imposition of additional penalties under Title 33 of the Revised Statutes, 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.
[Amended 11-5-80 by Ord. No. 12-1980; 9-13-00 by Ord. No. 12-2000]
No person shall have in his or her possession any alcoholic beverage in any of the places where consumption of the same is prohibited by Sections 37-2, 37-3, 37-4 or 37-4.1 above, except in the process of transporting the same to a place where consumption is lawfully permitted.
[Amended 11-5-80 by Ord. No. 12-1980]
Notwithstanding any other provision under this chapter, upon first obtaining approval of the Public Safety Committee of the Borough of Woodbury Heights, any person, group of persons or corporation, profit or nonprofit, may be permitted the consumption or possession of alcoholic beverages for a specific event or activity at a specific time and location within any public park, playground or recreational area. The Public Safety Committee may grant special approval as an exception to any other provision of this chapter, provided that the applicant or some person or persons on behalf of the applicant agrees to be present at the event or activity and in charge of the same; that the applicant sets forth the maximum number of persons to be participating; that the applicant sets forth the purpose of the activity; and that the application for consumption and/or possession of alcoholic beverages is ancillary to the specific event or activity and is not the primary purpose thereof.
[Amended 11-5-80 by Ord. No. 12-1980; 9-13-00 by Ord. No. 12-2000]
Except for Section 37-4.1, any person who solicits or aids any other person in the violation of any of the provisions of this chapter or any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not more than $200 or be imprisoned for not more than 30 days, or both.
[Added 9-13-00 by Ord. No. 12-2000]
As used in this chapter, the following terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.