[Adopted 12-19-2005 by Ord. No. 2005-17[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. III, Public Consumption or Possession by Minors, adopted
11-10-2003 by Ord. No. 2003-26, as continued by Ord. No. 2004-40,
adopted 1-4-2005.
It is hereby unlawful for any person under the
legal age ("underage person") who, without legal authority, knowingly
possesses or knowingly consumes an alcoholic beverage on private property.
No person shall be considered to knowingly possess an alcoholic beverage
merely because he or she is present where alcoholic beverages are
being consumed.
A person under the legal age shall not be prohibited
from:
A.
Possessing or consuming an alcoholic beverage in connection
with a religious observance, ceremony or rite, or possession or consuming
an alcoholic beverage in the presence of or with the written permission
of such person's parent, guardian or relative who has attained the
legal age to purchase or consume alcoholic beverages; or
B.
The possession of an alcoholic beverage 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.
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle or any other
person related by blood or affinity.
A violation by an underage person of this article
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense.
A.
The court may, in addition to the penalty authorized
for this offense, suspend or postpone for six months the driving privileges
of the defendant underage person. Upon the conviction of any underage
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 (Division) stating the first and last day of the suspension
or postponement period imposed by the court pursuant to this article.
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 reached the age of 17 years.
B.
If an underage person at the time of the imposition
of a sentence has a valid driver's license issued by this state, the
court may 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 period imposed by the court.
C.
The court shall inform the underage 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 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 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 underage 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 Division 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 Division
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
