[Adopted 2-14-1990 by Ord. No. 893
as Sec. 3-4 of the 1988 Code; amended in its entirety 5-18-2021 by Ord. No. 1837]
No person shall, except as otherwise provided in this article,
possess or consume any alcoholic beverage or cannabis item in any
public park or recreation area, public building, roadway or parking
lot open to the public in the Borough or on any vacant lands owned
by the Borough. Notwithstanding the foregoing, consumption of alcohol
in the firehouses and the ambulance corps building is permitted in
accordance with policies adopted by the Franklin Lakes Fire Department,
Inc., and the Franklin Lakes Volunteer Ambulance Corps, respectively,
and approved by the Mayor and Council.
The Chief of Police of the Borough may issue a permit for the
consumption and possession of alcoholic beverages in a public park,
recreation area, public building or parking lot open to the public.
Such a permit shall be issued only to an individual citizen over 21
years of age or over who shall complete an application for the permit
and agree to be responsible for the removal from the public park or
recreation area of all bottles, cans or other containers within 24
hours after the expiration of the permit. Such a permit shall be issued
for specific hours and specific days.
The application for permit for the possession and consumption
of alcoholic beverages in a public area of the Borough shall contain
the following:
A.
Name, residence address and residence telephone number of the applicant.
B.
The date and time period of the event at which the alcoholic beverages
are proposed to be used in the public area.
C.
The public area where the event will occur and the area where the
alcoholic beverages will be consumed.
D.
The number of people who are expected to attend the event.
E.
The following statement: "I understand that if a permit is issued
for the consumption of and possession of alcoholic beverages in a
public area of the Borough, I will be responsible for the removal
of all bottles, cans or other containers from the public area at the
conclusion of the event and that any violation of the permit shall
constitute a violation of the ordinances of the Borough and subject
me to the possible imposition of a fine."
F.
The signature of the applicant.
The application for the permit shall be made to the Chief of
Police of the Borough within three days, if the applicant is a resident,
or within seven days, if the applicant is a nonresident of Franklin
Lakes, prior to the date upon which the applicant desires to have
permission for the possession and consumption of alcoholic beverages
in public areas of the Borough. The Chief of Police shall provide
the Mayor and Council of the Borough with a copy of all applications
for permits.
The permit, if issued, shall state the name and address of the
applicant, the date and time of the event, the public area at which
the event shall occur and the conditions, if any, upon its issuance
and shall be signed by the Chief of Police.
The Mayor and Council of the Borough may place further conditions
on the permit as they reasonably see fit in the interest of preserving
the health, safety and welfare of the people of the Borough or may
decline to issue such a permit.
Any person violating the provisions of § 144-16 of this article shall be subject to a fine of up to $200 upon conviction.
Any person violating the provisions of any permit issued to him under this article shall have violated the provisions of § 144-17 and, upon conviction, shall be subject to a fine of up to $200 plus the costs that the Borough incurs in removing from the park or recreation area the bottles, cans and other containers which contained the alcoholic beverages.
A.
No person shall in a motor vehicle on any public street or public
parking lot of the Borough, whether in motion or parked, consume any
alcoholic beverage or possess an opened bottle, can or other container
containing any alcoholic beverage.
A person issued a permit hereunder shall be required to comply
with all other applicable laws and regulations of the State of New
Jersey, its agencies and subdivisions, including the Borough, relating
to the consumption, sale and distribution of alcoholic beverages.
Any member of the Police Department or the Mayor and Council
may revoke a permit at any time, without notice, for violation of
any provisions of a permit, violation of any state or local law, for
any false or fraudulent information provided to obtain a permit or
for other good cause shown.
As used in this article, the following terms shall have the
meanings indicated:
Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% of volume, including beer, lager beer, ale, porter,
naturally fermented wine, distilled liquors, blended distilled liquors
and any brewed, fermented or distilled liquors fit for use for beverage
purposes or any mixture of the same.
Any cannabis, cannabis product, cannabis extract, and any
other cannabis resin as further defined in P.L. 2021, c. 16.
