[Adopted 12-27-2006 by Ord. No. 2006-021]
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
It shall be unlawful for any person under the
age of 21 years to purchase, sell, consume or have in his or her possession
any alcoholic beverage in or upon any public or private street, highway,
park, footway or other public or quasi-public place or in a private
residence or upon any private property within the Township of West
Milford, except as hereinafter provided or as may be permitted by
state statute.
A.
Nothing contained in this article is intended, nor
shall it be construed, as prohibiting an underage 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; provided that, if the underage person is found
to possess or consume an alcoholic beverage in the presence of and
with the permission of a relative other than a parent or guardian,
the police shall notify the parent or legal guardian, by certified
mail, of the incident together with the name of the relative who gave
permission for the possession or consumption of the alcoholic beverage
by the underage person. The notification shall include a request that
the parent or guardian acknowledge and return a copy of the letter
to the Police Department within 15 days of receipt.
B.
This article shall not prohibit the possession of
alcoholic beverages by any underage person while actually engaged
in the performance of employment by a person who was 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; however, this article shall not be construed to preclude
the imposition of a penalty under this section, N.J.S.A. 33:1-81 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.
A.
Any person found guilty of violating the terms of
this article shall be subject to a fine of $250 for a first offense
and a fine of $350 for any subsequent offense. In addition, the court
may, upon a finding of guilty, in addition to the fine authorized
for this offense, suspend or postpone for six months the driving privileges
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 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
reaches the age of 17 years. If the defendant at the time of the imposition
of the sentence has a valid driver's license issued by this state,
the court shall immediately collect the license and forward it to
the Division of Motor Vehicles 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.
B.
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 N.J.S.A. 39:3-40. The defendant
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 the written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
C.
If the person convicted under this article 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 nonresident convicted under this
article. Upon receipt of a report by the court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
