[Adopted 7-18-1979 by Ord. No. 1351; amended
in its entirety 12-20-2000 by Ord. No. 25/00]
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WHEREAS, the consumption of alcoholic beverages
in public parks, public buildings, public areas and public thoroughfares
creates problems for law enforcement, noise, rowdy behavior, litter
and similar problems which tend to destroy the beauty and condition
of said public areas, increases hazards due to broken glass and seriously
interferes with the peaceful and usual enjoyment of such public places
by all the people of the community; and
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WHEREAS, the possession of open containers of
alcoholic beverages also leads to the consumption of alcoholic beverages
in the aforementioned areas and impacts the quality of life for the
residents of the Town of West New York.
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Now therefore, be it ordained by the Board of
Commissioners of the Town of West New York, County of Hudson, State
of New Jersey, as follows:
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Consumption of all alcoholic beverages, including
beer, wine, whiskey, cordial, mixed drinks and all similar alcoholic
beverages, shall be prohibited in public parks, public places and/or
public buildings and public streets and sidewalks in the Town of West
New York. Public places and public buildings shall include but not
be limited to the following: the Municipal Building of the Town of
West New York, the Public Library of the Town of West New York, all
municipal parking lots of the Town of West New York, municipal pool
facilities, public schools and surrounding school facilities and property.
However, Hudson Hall and the West New York Recreation Center shall
not be included within the ambit of this article where permission
has been granted by the appropriate governmental authority.
Possession of open containers having alcoholic beverages, as delineated in § 114-35, shall be prohibited in public parks, public places and/or public buildings and public streets and sidewalks in the Town of West New York. Public places and public buildings shall include but not be limited to the following: the Municipal Building, all municipal parking lots of the Town of West New York, municipal pool facilities, public schools and surrounding school facilities and property. However, Hudson Hall and the West New York Recreation Center shall not be included within the ambit of this article where permission has been granted by the appropriate governmental authority.
[1]
Editor's Note: Former § 114-35.2, Possession of
alcohol by underage persons in public accommodations or private property,
§ 114-35.3, Providing alcohol to underage persons on private
property, and § 114-35.4, Serving alcohol to minors on private
property, all added 2-15-2012 by Ord. No. 2/12, were repealed 5-16-2012
by Ord. No. 12/12.
[Added 2-15-2012 by Ord.
No. 2/12]
A.
It is
unlawful for any person under the legal age to consume alcoholic beverages
under the laws of the State of New Jersey, who is physically within
the limits of the Town of West New York, to knowingly possess without
legal authority or knowingly consume any alcoholic beverage on any
private property within the Town of West New York. It is also unlawful
for any person in control of such private property to permit the possession
or consumption of alcohol by a person under the legal age to consume
alcoholic beverages under the laws of the State of New Jersey.
B.
This
section shall not apply to an underage person who consumes or possesses
an alcoholic beverage in connection with a religious observance, ceremony
or rite, which is authorized by a parent or guardian, or to an underage
person who consumes or possesses an alcoholic beverage in the presence
of and with the permission of a parent or guardian who has attained
the legal age to purchase and consume alcoholic beverages in the state.
The term “guardian” means a person who has qualified as
a guardian of the minor person pursuant to court appointment.
C.
Any
person violating this section, upon conviction thereof, shall be punished
by a fine of $100 to $200 for a first offense and $200 to $300 for
any subsequent offense.
D.
Any
person violating this section may be required, at the discretion of
the Municipal Judge, to attend 24 hours of substance abuse counseling
with the local substance abuse prevention program provider.
[Added 2-15-2012 by Ord.
No. 2/12]
If any section of this article is declared invalid, it shall
not be held to invalidate or to impair the validity, force, or effect
of any other section of this article.
[Added 2-15-2012 by Ord.
No. 2/12]
This article shall take effect upon final adoption and publication
according to law.
[Added 5-16-2012 by Ord.
No. 12/12]
For the purposes of this article, the following definitions
shall apply:
A person who has qualified as a guardian of an underage person
pursuant to testamentary or court appointment.
An underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
[Added 5-16-2012 by Ord.
No. 12/12]
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 $350 for any subsequent
offense.
B.
Upon
a finding of guilt, the court may also suspend or postpone for six
months the person's driving privileges, in addition to the authorized
fine. 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 New Jersey Motor Vehicle Commission ("Commission") 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 such sentence for a first or subsequent offense,
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
such sentence, has a valid driver's license issued by this state,
the court shall immediately collect the license and forward it to
the Commission 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.
C.
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 penalties
set forth in N.J.S.A. 39:3-40. The 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 N.J.S.A. 39:3-40.
D.
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 for the person based on the age.
[Added 5-16-2012 by Ord.
No. 12/12]
This article shall not prohibit the possession of alcoholic
beverages by any person under the legal age while such person is lawfully
engaged in the performance of employment by a person who is licensed
under Title 33 of the New Jersey Statutes Annotated, or while such
person is actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or postsecondary education institution; however, this section
shall not be construed to preclude the imposition of a penalty under
this section, under N.J.S.A. 33:1-81, or under any other section of
an existing ordinance or law against a person who is convicted of
unlawful alcoholic beverage activity on or at premises licensed for
the sale of alcoholic beverages.
[Added 5-16-2012 by Ord.
No. 12/12]
A.
As
provided by N.J.S.A. 40-48-1.2a, an underage person and one or two
other persons shall be immune from prosecution under this article
if:
(1)
One of the underage persons called 911 and reported that another
underage person was in need of medical assistance due to alcohol consumption;
(2)
The underage person who called 911 and, if applicable, one or two
other persons acting in concert with the underage person who called
911 provided each of their names to the 911 operator;
(3)
The underage person was the first person to make the 911 report;
and
(4)
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 911 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
Subject to appropriate alcoholic beverage control
laws and regulations, supervised civic, patriotic, fraternal, charitable
and religious festivals, observances and events shall be permitted
and not subject to the prohibitions contained in this article, upon
application to and approval of the Board of Commissioners of the Town
of West New York.
