[Adopted 6-17-1980 by Ord. No. 1149]
No person shall consume alcoholic beverages, as the some is defined in Title 33 of the New Jersey Statutes, or have in his or her possession, custody or control any open container having therein unconsumed alcoholic beverage in, on or upon any of the public streets, sidewalks, parks, alleyways, recreation areas which are open to the public at large, whether publicly or privately owned, or roadways, pathways, playgrounds, outdoor facilities or shopping plazas at any hour of the day or night unless said person has obtained a special permit as provided herein; provided, however, that this article shall not affect or be applicable to persons who are lawfully transporting such beverages under the authority of any federal or state governing body, or subdivision thereof, or persons transporting same in closed containers which are not easily accessible or which are not in such close proximity as to easily facilitate the consumption of said beverage.
No person shall consume alcoholic beverages, or have in his possession any opened alcoholic beverage container with unconsumed alcoholic beverage therein, while in any automobile, whether in motion or parked, on any of the public streets, parking lots which are open to the public at large, whether publicly or privately owned, roadways, highways, pathways, playgrounds, outdoor facilities owned or operated by the Board of Education of the Borough of Bergenfield, parks, shopping plazas, or other thoroughfares open to general vehicular traffic in the Borough of Bergenfield; provided, however, that this article shall not prevent the transportation of said open alcoholic beverages containers in the closed trunk or storage area of said motor vehicle which is properly locked or secured.
Notwithstanding the provisions contained in §§ 87-9 and 8-10 of this article, a special permit may be issued by the Borough Clerk upon the recommendation of the Chief of Police of the Borough of Bergenfield for the consumption of alcoholic beverages in specified public and quasi-public areas, which permit shall include such terms and conditions as may be reasonably established by the governing body to insure the protection of the public health, safety and welfare. The permits shall provide for the proper disposal (including a certification that the area used will properly be maintained and cleaned by the applicant) of the containers for the alcoholic beverages and unused alcoholic beverages to insure that persons who are under the legal drinking age, as established by the Legislature, will not gain possession thereof and have the opportunity to consume such alcoholic beverages, contrary to law and public policy and to insure that the containers do not become a hazard to the pubic health, welfare and safety. The hours for which the permit is granted shall be stated thereon so that the public safety and peace may be preserved and the Police Department, Fire Department, Health Department and Department of Public Works may be able to better provide for same. The specific location shall be provided so as to reasonably notify the holder of the permit of the area in which the aforesaid conduct shall be allowed and shall also take into consideration that such designated area and such permit and persons using said permits shall not obstruct the free passage of pedestrians or vehicles or engage in activities which would disturb a person of ordinary sensibilities as to cause him to react immediately in such a way as to threaten by physical violence the peace and order of the public nor be conducive to conduct that will cause an immediate physical violent reaction that will threaten the peace and order of the public or obstruct, molest or interfere with any person lawfully in any public place.
[Amended 4-21-1981 by Ord. No. 1160; 4-29-1997 by Ord. No. 2212]
Any person or entity who shall violate any provision of this article, as amended, shall be subject to a fine not to exceed the sum of $500 for each offense and/or incarceration in the county jail for a period of not more than 30 days for each offense at the discretion of the court before whom the matter is heard.