[Added 10-17-2000 by Ord. No. 18-00]
As used in this article, the following terms
shall have the meanings 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 person related by blood or affinity.
A.
Any person under the legal age who purchases alcoholic
beverages, who knowingly possesses without legal authority or who
knowingly consumes any alcoholic beverage on private property shall
be punished by a fine of $250 for a first offense and $350 for any
subsequent offense. The court shall, in addition to the fine authorized
for this offense, suspend or postpone for six months the driving privilege
of the defendant.
B.
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 possesses a valid driver's license issued by the state,
the court shall immediately collect the license and forward it to
the Division 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 or postponement
period imposed by the court.
C.
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.
D.
The court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle while
the license is suspended or postponed, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. The person shall be
required to acknowledge, in writing, the receipt of this written notice.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of such notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
E.
The court shall, of any person convicted under this
section who is not a New Jersey resident, suspend or postpone the
nonresident driving privilege of that person based on the person's
age and submit the required report to the Division of Motor Vehicles.
The court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report by the court, the Division
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
A.
This article does not 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
that person's parent, guardian or relative who is of the legal age
to purchase and consume alcoholic beverages.
B.
This article does not prohibit possession of alcoholic
beverages by any such person while actually engaged in the performance
of duties under the employment of a person who is licensed under Title
33 of the Revised Statutes. 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 a premises licensed
for the sale of alcoholic beverages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
An underage
person and one or two other persons acting in concert with the underage
person 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.
