As used in this article, the following terms
shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed or distilled liquors fit for use for beverage
purposes or any mixture of the same and fruit juices.
UNSEALED CONTAINERS
For the purpose of this Article, a container shall be regarded
as unsealed when its top or cork has been removed or any of its contents
have been removed or the government tax stamp has been removed or
broken or, in the case of a metal container, when the container has
been opened in any fashion or, in the case of twist-top containers,
when the original seal has been broken.
No person shall, within the limits of the City
of Passaic, consume any alcoholic beverage or have in his possession
any unsealed alcoholic beverage container with an alcoholic beverage
therein or discard any alcoholic beverage container while:
A. In or on a public street, lane, roadway, avenue, pathway,
sidewalk, public parking place, whether publicly or privately owned,
park, playground, recreation area or any other public or quasi-public
place or in any public conveyance or upon any land owned or occupied
by any federal, state, county or municipal government or upon outdoor
facilities owned or operated by the Board of Education of the City
of Passaic.
B. In any automobile, whether in motion, or parked, on
any of the public streets, sidewalks, parking lots which are open
to the public at large, whether publicly or privately owned, roadways,
playgrounds, outdoor facilities owned or operated by the Board of
Education of the City of Passaic, parks, shopping plazas or other
thoroughfares open to the general vehicular traffic in the City of
Passaic.
C. Upon any private property not his own without permission
of the owner or other person having authority to grant such permission.
D. In or about any other public or quasi-public place
or place to which the public is invited, including but not limited
to any shopping plaza, business, banking, church, institutional, commercial
or professional premises, except when such consumption or possession
is with the express permission of the owner or other body, board or
person having the authority to grant such permission.
The City Council of the City of Passaic, for
good cause shown, may permit the consumption of alcoholic beverages
at public parks or in other public areas by a resolution of the City
Council, which resolution shall be preceded by a written request of
the organization or organizations seeking such permission, addressed
to the City Council, and which resolution shall state the hours within
which such permission is granted and location where such permissions
shall be in force and such other terms and conditions as established
by the City Council.