[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]
[Amended 11-5-80 by Ord. No. 12-1980; 4-19-2023 by Ord. No. 8-2023]
Notwithstanding any other provision under this Chapter, including, but not limited to, the provisions of Section 37-2, the Mayor and Borough Council of the Borough of Woodbury Heights may for good cause issue a special permit exception for the possession or consumption of alcoholic beverages in public for a specific event or activity and for a specified time and location within any such public park, playground, recreation area or other public place under its jurisdiction. The special permit exception shall only be granted upon submission to the Mayor and Borough Council of the Borough of Woodbury Heights of a request, in writing, for the special permit, setting forth the nature or purpose of the special event; the location of said special event; the date and time(s) of said special event; and the organization sponsoring said special event, which shall include the name of the applicant or some other person(s) on behalf of the applicant who agrees to be present at the event or activity in charge of the same.
[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:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
[Added 4-19-2023 by Ord. No. 8-2023]
No person shall discard any alcoholic beverage bottle, can,
jar, cup, glass, or other alcoholic beverage vessel upon any public
place, street, lane, sidewalk, public parking lot, quasi-public place
or upon any private property not his or her own without having the
express permission of the owner or any person having authority to
grant such permission.
