As used in this Part 2, the following word shall have the meanings indicated:
Public parks, playgrounds, trails, paths and other recreational
areas.
Scenic and historic sites.
Sites for schools and other public buildings and structures.
The interior of a private motor vehicle, while the same is on
any public street, lane or public parking lot or other public or quasi-public
area or place.
A.
No person or persons shall consume alcoholic beverages, nor have
in his/her possession any opened container with unconsumed alcoholic
beverage therein, in a public area within the limits of the Township
of Wayne, without first having obtained a permit allowing such consumption
in such public area, said permit application to be obtained from the
office of the Township Clerk and approval must be granted by the New
Jersey State Division of Alcoholic Beverage Control.
B.
No person shall discard an alcoholic beverage container upon any
public street, lane, sidewalk, public parking lot, public or quasi-public
area or place or upon any private property not his/her own without
the express consent of the owner.
As used in this article, the following words shall have the
meaning indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
Except as hereinafter provided, it shall be unlawful for any
person under the legal age to, without legal authority, knowingly
possess or knowingly consume an alcoholic beverage on private property.
The provisions of this article shall not apply to:
A.
Any underage person who consumes or possesses an alcoholic beverage
in connection with a religious observance, ceremony or rite, or consumes
or possesses 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.
B.
Any underage person while actually engaged in the performance of
employment by a person who is 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.
A.
Any person convicted of a violation of this article shall be subject
to a fine of $250 for the first offense, and $350 for any subsequent
offense.
B.
Upon conviction the court may, in addition to the fine, suspend or
postpone for six months the driving privilege of the defendant. In
the event a driver's license is suspended, the court shall forward
a report to the Motor Vehicle 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 a sentence is less than 17 years of age, the period of license
postponement, including 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.
(1)
If a person at the time of the imposition of a 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 day
of the license suspension period imposed by the court.
(2)
The court shall also 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, that person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
(3)
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 Commission the required report. The court shall not
collect the license of a nonresident convicted under this section.
Upon receipt of a report by the court, the Commission shall notify
the appropriate officials in the licensing jurisdiction of the suspension
or postponement.
C.
No ordinance shall prohibit an underaged 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.
D.
Underage possession or consumption of alcoholic beverage; exemption
from prosecution.
(1)
An underage person and one or two other persons shall be immune from
prosecution under an ordinance authorized by Section 1 of P.L. 2000,
c. 33 (N.J.S.A. 40:48-1.2) prohibiting any person under the legal
age who, without legal authority, knowingly possesses or knowingly
consumes an alcoholic beverage on private property if:
(a)
One of the underage persons called 9-1-1 and reported that another
underage person was in need of medical assistance due to alcohol consumption;
(b)
The underage person who called 9-1-1 and, if applicable, one
or two other persons acting in concert with the underage person who
called 9-1-1 provided each of their names to the 9-1-1 operator;
(c)
The underage person was the first person to make the 9-1-1 report;
and
(d)
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 9-1-1 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.
