[Adopted 9-17-1990 by Ord. No. 1990-20]
[1]
Editor's Note: Ordinance No. 2000-34, adopted 1-9-2001, provided for the renumbering of former §§ 35-13 through 35-16 of this article as §§ 35-16 through 35-19, respectively.
Any person who shall consume alcoholic beverages while in, on or about a public street, land, sidewalk, public parking lot, public or quasi-public place or at a public event or in any public conveyance or while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission or who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner is a disorderly person.
There shall be a rebuttable presumption of consumption against each and every person charged with the offense of consumption of an alcoholic beverage as set forth in § 35-16 if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
Any person who shall violate the provisions of this article shall, upon conviction, be punished by a fine of not less than $100 nor more than $250 or be imprisoned no more than 30 days, or both. A subsequent conviction within five years thereafter shall carry a mandatory fine of $250 and the offender may be imprisoned for no more than 30 days.
The Township Council, in connection with the public celebrations or similar special events, may, by written permit only, specifically authorize the consumption of alcoholic beverages in a public or quasi-public place or area or portion thereof, as in such permit specified, on the date and the hours therein specified, subject to conditions as set forth in the approved permit.
[Added 7-19-2022 by Ord. No. 2022-11]
A. 
Notwithstanding any other provision of Chapter 35 of the Medford Township Code, there is hereby created in a portion of the Township of Medford an area within which persons are permitted to carry and consume open containers of alcoholic beverages outdoors. Alcoholic beverages carried and consumed in an open container may only be carried and consumed within the open container area created herein.
B. 
The carrying and consumption of alcoholic beverages within the open container area created and established herein is subject to the following conditions:
(1) 
This section only authorizes the consumption of alcoholic beverages within the open container area by persons who are at least 21 years of age.
(2) 
The alcoholic beverages consumed within the open container area must be purchased from a restaurant or other establishment licensed to sell alcoholic beverages ("licensed establishment") within the open container area and only during the hours of operation when the licensed establishment is open.
(3) 
The container from which the alcoholic beverage is to be consumed must be a clear plastic cup that displays a visible logo, name or other identifying symbol from the licensed establishment selling the alcoholic beverage.
C. 
Boundaries.
(1) 
The open container area created and established in this section is described as follows and on the Map attached this section as Exhibit A.[1]
Medford Township open container area: 1) a quadrant of the following properties west of North Main Street and south of Route 70, including Fire House Lane, all properties east of Cherry Street, west along Union Street to its intersection with Allen Avenue, and all properties east of Allen Avenue to its intersection with South Main Street, excluding Allen School and School Board property; and 2) a quadrant of the following properties east of Main Street and south of Route 70, including all properties west of North Street extended to Route 70, west along Branch Street and all properties west of Filbert Street extended south to South Street to its intersection with South Main Street, as graphically shown on the map attached hereto and made a part hereof as Exhibit A.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
(2) 
The Township shall delineate the boundaries of the open container area with appropriate signage and provide municipal trash containers within the area.
D. 
The sale of alcoholic beverages for consumption in the Medford Township open container area is expressly subject to the provisions of Title 33 of the Revised Statutes, the rules and regulations promulgated by the Director of the Division of Alcoholic Beverages and all municipal ordinances.