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Township of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[Adopted 5-7-2001 by Ord. No. 632; amended in its entirety 8-9-2021 by Ord. No. 900]
A. 
Alcoholic beverages. It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property, except as provided for in § 49-21A through § 49-21C below.
B. 
Cannabis and cannabis items. It shall be unlawful for any adult under the legal age who, without legal authority, knowingly possesses or knowingly consumes cannabis or a cannabis item, in any public place and on any private property in accordance with N.J.S.A. 2C:33-15 and N.J.S.A. 2C:33-16, except as provided for in § 49-21D through § 49-21G below.
A. 
Alcoholic beverages. Any person found in violation of the provisions of this article involving the underage purchase, possession, and/or consumption of alcoholic beverages, shall, in accordance with the provisions of N.J.S.A. 40:48-1, as amended, be punished by a fine not to exceed $250 for the first offense and not to exceed $350 for any subsequent offense.
B. 
Cannabis and cannabis items. The violations and penalties applicable to persons under the legal age to consume and/or possess cannabis and/or cannabis items in a public or private place shall be the same as those set forth in N.J.S.A 2C:33-15 and N.J.S.A. 2C:33-16.
A. 
In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privilege of the defendant. 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 N.J.S.A. 40:48-1, as amended. 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.
B. 
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 Division of Motor Vehicles, 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 the first and last date of the license suspension period imposed by the Court.
C. 
The Court shall 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, 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 a 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 it to the Division of Motor Vehicles on the required report. The Court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report from the Court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
A. 
Nothing contained in this article is intended, nor shall it be construed, as prohibiting 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.
B. 
As used in the preceding subsection, the following terms shall have the meaning set forth:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testamentary or Court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling or any other persons related by blood or affinity.
C. 
Nothing contained in this article is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such 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; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, 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 premises licensed for the sale of alcoholic beverages.
D. 
Nothing contained within this article is intended nor shall it be construed as prohibiting the possession and/or consumption of medical cannabis in a private place by any person who is a registered qualifying patient, qualifying patient, or patient duly registered in accordance with and pursuant to the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.).
E. 
Nothing contained in this article is intended nor shall it be construed as prohibiting possession of medical cannabis by any persons who is a designated caregiver or institutional caregiver duly registered and/or licensed in accordance with the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.).
F. 
Nothing contained in this article is intended nor shall it be construed as prohibiting the possession of cannabis and/or cannabis items by any person while actually engaged in the performance of employment by a licensed cannabis establishment, licensed cannabis distributor, or licensed cannabis delivery service as permitted pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.). However, nothing herein shall be construed to preclude the imposition of a penalty under N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful cannabis activity on or at a premises licensed for the sale of alcoholic beverages or cannabis items.
G. 
Nothing contained in this article is intended nor shall it be construed as to be in conflict with the immunity provisions set forth in Section 81 of the Act (amending N.J.S.A. 40:48- 1.2a).