Article IV: Consumption in Public; Possession of Open Containers

[Added 8-26-1999 by Ord. No. 16-1999]

As used in this article, the following terms shall have the meanings indicated:

Includes all alcoholic beverages as defined in the Alcoholic Beverage Law of the State of New Jersey (N.J.S.A. 33:1-1 et seq.).

CONTAINER

Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.

OPEN CONTAINER

The condition of the container, containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Law of the State of New Jersey (N.J.S.A. 33:1-1 et seq.), whose cap, cork, top or other closing device has been removed, or the condition of a can which is punctured or pulled open so as to break its seal.

POSSESSION

Exercise of dominion over the container or beverage.

PUBLIC LANDS

Any highway, street, sidewalk, park, playground, parking lot, shopping center, school grounds, lands owned by the municipality or in possession of said municipality or any other place to which the public has access, including a public parking lot or driveway for one or more vehicles used by patrons of any commercial, industrial or professional place of business, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under this chapter or under the Alcoholic Beverage Law of the State of New Jersey (N.J.S.A. 31:1-1 et seq.).

§ 89-15 Drinking alcoholic beverages and possession of open containers in public. [1]

[Amended 8-26-1999 by Ord. No. 16-1999]

It shall be unlawful to drink or to possess in an open container or to possess, consume or distribute any alcoholic beverage on any public street, sidewalk, avenue, alley, highway or other thoroughfare or on any public park or beach or on any public or private lot or in any motor vehicle, including Key Rec Field, Lincoln Park, Egg Harbor City Lake, Rotary Park, Moss Mill Road Playground and any other park or recreation area established by the City of Egg Harbor City, at any time.

[1]

Editor's Note: This section incorporates the provisions of Original § 5-20, pertaining to use at athletic fields, adopted by Ord. of 9-25-1975, as amended by Ord. No. 6-1994.

§ 89-16 Drinking alcoholic beverages and possession of open containers on private property.

It shall be presumed of any person drinking or possessing in an open container any alcoholic beverage on any private lot within the City of Egg Harbor City, other than a residence, that such person does not have the consent of the owner of the lot to engage in such activity.

§ 89-17 Certain organizations exempt from provisions.

An organized religious, civic, educational or charitable organization shall be exempt from the application of this article, provided that said organization, prior to conducting the prohibited activity, shall file with and receive from the City Clerk a certificate of exemption.

§ 89-18 Violations and penalties.

[Amended 2-28-1991 by Ord. No. 5-1991; 4-14-1994 by Ord. No. 6-1994]

Each and every person violating any of the provisions of this article shall be subject, upon conviction thereof, to a fine not to exceed $500 or by imprisonment for a term not to exceed 90 days in the county jail or in any place provided by the city for the detention of prisoners, or both, in the discretion of the Judge before whom said conviction shall be had.