Article III Consumption in Vehicles and Public Places

As used in this chapter, 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% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling 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 and fruit juices.

CONSUMPTION OF ALCOHOLIC BEVERAGE:

A person shall be deemed to consume if he drinks, swallows or imbibes any fluid or solid capable of being converted into a fluid as hereinabove defined under "alcoholic beverage."

A person shall be presumed to have consumed such alcoholic beverage in violation of the provisions of this chapter if the owner or other person in physical control of the alcoholic beverage is in close proximity to him; the alcoholic beverage is not sealed or has been partially consumed and he emits an odor of alcoholic beverage from his person or he exhibits such physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages; or a person is in possession of an alcoholic beverage that is not sealed, has been partially consumed or is in a container such as a glass or cup and the person emits an odor of alcoholic beverage coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.

INTENT TO CONSUME AN ALCOHOLIC BEVERAGE

A person shall be deemed to "intend to consume an alcoholic beverage" in violation of this chapter if that person is in physical custody of an alcoholic beverage in a container such as a glass or cup or the alcoholic beverage is in an unsealed or open bottle, can or other such beverage container and has been partially consumed.

POSSESSION OF AN ALCOHOLIC BEVERAGE:

A person shall be deemed to be in possession of an alcoholic beverage within the meaning of this chapter if he intends to or does exercise custody, control or dominion over such alcoholic beverage; however, actual physical or manual possession is not required if the intention to exercise such custody, control or dominion over the alcoholic beverage is manifested from the direct or circumstantial evidence where it is reasonable to infer that the capacity to do so exists.

Possession, custody or control need not be exclusive, but may be jointly exercised by two or more persons. A person shall be presumed to be jointly in possession, custody or control of the alcoholic beverage if the owner or person in physical control of the alcoholic beverage is in close proximity to him and the alcoholic beverage is not sealed or has been partially consumed.

PRIVATE PLACE

Any place which is not a public place as defined below.

PUBLIC PLACE

Any place, either publicly or privately owned, which is or may be frequented by the public.

§ 89-17 Unlawful conduct by minors.

In any public place or in any motor vehicle or on any public highway, road, street or alley in the Township of Monroe, it shall be unlawful for any person under the legal drinking age for the consumption of alcoholic beverages established by the State of New Jersey to:

(1)

Attempt to consume or possess any alcoholic beverage.

(2)

Consume or possess any alcoholic beverage.

(3)

Engage in or attempt to engage in, in concert with one or more persons, the act of consuming or possessing any alcoholic beverage.

(4)

Distribute, deliver or make available for consumption any alcoholic beverages to a person or persons under the legal age for the consumption of alcoholic beverages established by the State of New Jersey or to attempt to perform such acts.

(5)

Possess, display or dispense or distribute any alcoholic beverage out of its original container.

In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the Trier of Fact, in addition to or as part of the proofs, may consider the following:

(1)

Statement made by an owner or by anyone in control of the alcoholic beverage.

(2)

The proximity of the defendant to the alcoholic beverage and his opportunity or ability to consume.

(3)

Whether the alcoholic beverage is unsealed or has been partially consumed or is in an open or unsealed container such as a glass or cup.

(4)

Whether the defendant or any person(s) in close proximity to him exhibits an odor of alcoholic beverage coming from his and/or their person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.

(5)

Direct or circumstantial evidence of the intent of an owner or of anyone in control of the alcoholic beverage to deliver, distribute or make available such alcoholic beverage to the defendant or another person or persons in close proximity to the defendant.

§ 89-18 Consumption in certain places prohibited.

No person, acting individually or participating with one or more persons, shall consume or attempt to consume an alcoholic beverage or possess, display, dispense or distribute any alcoholic beverage out of its original container:

(1)

While in a public place, private place of which he is not an owner, tenant or lawful occupant or in any public or private conveyance, without permission of any owner, tenant, lawful occupant or any person having the authority to grant such permission.

(2)

While in or on any property owned by the Township of Monroe in the County of Gloucester, without the permission of the Township of Monroe.

(3)

While in a private motor vehicle in motion on or parked in any public place or upon any private place of which he is not an owner, tenant or lawful occupant, without the express permission of the property owner, tenant, lawful occupant or other person having the authority to grant such permission.

(1)

Statement made by an owner or by anyone in control of the alcoholic beverage.

(2)

The proximity of the defendant to the alcoholic beverage and his opportunity or ability to consume.

(3)

Whether the alcoholic beverage is unsealed or has been partially consumed or is in an open or unsealed container such as a glass or cup.

(4)

(5)

Direct or circumstantial evidence of the intent of an owner or anyone in control of the alcoholic beverage to deliver, distribute or make available such alcoholic beverage to the defendant or any other person or persons in close proximity to the defendant.

§ 89-19 Discarding of containers.

It is unlawful for any person(s) to discard alcoholic beverage containers upon any public street, road, sidewalk, alley, lane or the like or any public or quasi-public parking lot or upon any private property not his own without the express permission of the owner.