[Added 4-25-1975 by Ord. No. 75-10]
A.
No person shall consume any alcoholic beverages within
the limits of the Borough of Paramus or have in his possession any
opened alcoholic beverage container with unconsumed alcoholic beverage
therein:
(1)
While in or on a public street, lane, roadway, avenue,
sidewalk, public parking place, park, playground recreation area,
school buildings or grounds or any other public or quasi-public place
or in any public conveyance;
(2)
In a private motor vehicle while the same is in motion
or parked in any public street, lane or public parking lot or other
public or quasi-public place; or
(3)
While upon any private property not his own without
the express permission of the owner or other person having authority
to grant such permission.
B.
No person shall discard alcoholic beverage containers
upon any public street, lane, sidewalk, public parking lot, public
or quasi-public place or upon any private property not his own without
the express permission of the owner.
C.
No person shall be intoxicated or drunk or disorderly
in any public omnibus, taxi, street, highway, thoroughfare or on any
sidewalk or in any private house, home or in any boardinghouse, store,
restaurant or other private, public or quasi-public place or house
to the annoyance or disturbance of any person by reason of the fact
that the intoxicated person shall obstruct, molest or interfere with
any person lawfully on said premises and/or make offensive, profane,
lewd, lascivious, indecent or disgusting remarks to anyone legally
on said premises.
D.
It shall be unlawful for any person to sell, distribute,
transfer or by any other means supply any alcoholic beverage to any
person under the legal age in any public or quasi-public place or
while in or on a public street or thoroughfare or while in a vehicle,
whether it is standing or moving in the Borough of Paramus, which
shall subject the violator of this section to the penalties prescribed
in this chapter.
[Added 4-26-1979 by Ord. No. 79-16]
E.
It shall be unlawful for any person under the legal
age to purchase, receive, obtain or possess any alcoholic beverage
from someone over the legal age in any public or quasi-public place
or while in or on a public street or thoroughfare or while in a standing
or moving vehicle on any street or public or quasi-public thoroughfare
in the Borough of Paramus which shall subject the violator of this
section to the penalties hereinafter prescribed in this chapter.
[Added 4-26-1979 by Ord. No. 79-16]
F.
Private property.
[Added 9-26-2000 by Ord. No. 00-26]
(1)
No person under the legal age to consume alcoholic
beverages shall knowingly possess or knowingly consume alcoholic beverages
on private property. Any person found to be in violation of this subsection
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense. In addition to the fine authorized for this
offense, the Court may suspend or postpone for six months the driving
privileges of that person's driver's license. Upon conviction, the
Municipal 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. 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.
(2)
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 New Jersey State
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 as the first and last date of the license suspension
period imposed by the Court.
(3)
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.
(4)
If the person convicted under this subsection 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
subsection. Upon receipt of a report by the Court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
(5)
Exceptions. No person shall be convicted for violating
this subsection if:
(a)
The person consumes or possesses the 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.
As used in this subsection, "relative" means the underaged person's
grandparent, aunt or uncle, sibling or any other person related by
blood or affinity. The term "guardian" means a person who has qualified
as a guardian of the underaged person pursuant to testamentary or
court appointment.
(b)
The person is 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; however,
this subsection does not preclude the imposition of a penalty under
this section, N.J.S.A. or any other section of law against a person
who is convicted of unlawful alcoholic beverage activity on or at
the premises licensed for the sale of alcoholic beverages.
Notwithstanding anything hereinabove contained,
the Mayor and Council of the Borough of Paramus or any legally constituted
municipal agency of the Borough may issue a permit for the possession
or consumption of alcoholic beverages in any designated park or other
public place under its jurisdiction at the designated time or times
in connection with a special event which shall have been authorized
by the Mayor and Council or other legally constituted municipal body
or agency having the authority to issue such permits.
