[Adopted 12-2-1981 by Ord. No. 5-81]
As used in this Article, the following terms
shall have the meanings indicated:
All the lands within the physical boundaries of the Borough
of Branchville.
Any street, road, park, building or parking lot or any land
dedicated to or owned by the Borough of Branchville or the County
of Sussex or State of New Jersey or any of their departments or agencies,
including any lands or buildings owned by the Board of Education of
the Borough of Branchville or any parking area open to the public,
playground or recreation area within the boundaries of the Borough
of Branchville. "Public place," however, shall not include the interior
of any fully enclosed building.
The consumption of alcoholic beverages of any
type on or in any of the public places defined herein is prohibited.
The consumption of alcoholic beverages of any
type in a private motor vehicle while the same is in motion or parked
in any public street, lane, parking lot or in any of the public places
defined herein is prohibited.
The consumption of alcoholic beverages of any
type on or in any private property without the express permission
of the owner or other person with authority to grant such permission
is prohibited.
The provisions of this Article shall not apply
to any places licensed by the Borough of Branchville or by the State
of New Jersey for the sale, possession or consumption of alcoholic
beverages thereon.
No person shall carry about in his hand or on
his person or while in any parked or moving vehicle any glass, tumbler
or open bottle or any open can containing alcoholic beverages or beverages
of which alcoholic beverages are a part, whether said glass, bottle
or can is clearly exposed or contained in a bag, in any public place
defined herein.
Upon investigation by any person or police officer
to determine whether violation of any of the above provisions has
been made, any person who shall empty a glass or other container in
order to prevent the inspecting or arresting officer or person from
being able to make a determination as to the alcoholic content of
the beverage in the container shall be presumed to have had a container
having a beverage with an alcoholic content, which presumption may
be rebuttable by competent evidence.
[Amended 9-2-1987 by Ord. No. 9-87; 1-16-2008 by Ord. No. 01-2008]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided by § 1-15 of this Code.
The prohibitions of this Article shall not apply
to public and quasi-public functions held in parks owned by the Borough
of Branchville with the express permission of the Borough Council
granted by resolution duly adopted by the Borough Council which expressly
deals with the specific function and the specific date of same.
