As used in this article, the following terms
shall have the meanings indicated:
CONSUMPTION OF ALCOHOLIC BEVERAGE
A person shall be deemed to consume if he drinks, swallows or imbibes any alcoholic beverage or solid capable of being converted into an alcoholic beverage. A person shall be presumed to have consumed such alcoholic beverage in violation of the provisions of §§
108-7 and
108-8 if the owner or other person in physical control of the alcoholic beverage is in close proximity to him, the alcoholic beverage is not sealed or has been partially consumed and he emits an odor of alcoholic beverage coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages or if a person is in possession of an alcoholic beverage that is not sealed, has been partially consumed or is in a container such as a glass or cup and the person emits an odor of alcoholic beverages coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.
DISPOSAL OF EMPTY ALCOHOLIC BEVERAGE CONTAINER
A person shall be deemed to have disposed of an alcoholic
beverage container if the direct and circumstantial evidence supports
the reasonable inference that the person or a person in close proximity
to him had physical custody or control of the container prior to arrest
and did not have physical custody or control of the container at the
instant of arrest. An intent to temporarily or permanently abandon
the container is not required, and it is immaterial whether or not
the container is disposed of in a designated waste receptacle.
INTENT TO CONSUME ALCOHOLIC BEVERAGE
A person shall be deemed to intend to consume an alcoholic beverage in violation of §§
108-7 and
108-8 of this article if that person is in physical custody of an alcoholic beverage in a container such as a glass or cup or an alcoholic beverage in an unsealed or open bottle, can or other such beverage container which has been partially consumed.
OCCUPANCY OR CONTROL OVER MOTOR VEHICLE
A person shall be deemed to be an occupant of or exercising
control of a motor vehicle within the meaning of this article if the
direct and circumstantial evidence supports the reasonable inference
that the person is either a driver or passenger in the vehicle at
the time of arrest or has used the motor vehicle in question as a
means of conveyance to the location where the arrest occurred or was
about to use said motor vehicle as a means of conveyance away from
the location where the arrest occurred.
POSSESSION OF ALCOHOLIC BEVERAGE
A person shall be deemed to be in "possession of an alcoholic
beverage" within the meaning of this article if he intends to or does
exercise custody, control or dominion over such alcoholic beverage;
provided, however, that actual physical or manual possession is not
required if the intention to exercise such custody, control or dominion
over the alcoholic beverage is manifested from the direct or circumstantial
evidence where it is reasonable to infer that the capacity to do so
exists. Possession, custody or control need not be exclusive but may
be jointly exercised by two or more persons. A person shall be presumed
to be jointly in possession, custody or control of the alcoholic beverage
if the owner or person in physical control of the alcoholic beverage
is in close proximity to him and the alcoholic beverage is not sealed
or has been partially consumed.
PUBLIC PLACE
Includes all property owned by any municipality, or any other
public or quasi-public entity, any sidewalk, street, road, highway
or parking lot and any place in the Township which is not owned by
a private party or entity.
Nothing in this article shall be construed to
prohibit the possession or consumption of alcoholic beverages on the
property of the Township of Mantua or on any other property in the
Township of Mantua by persons over the legal age for consumption of
alcoholic beverages when the Township Committee has issued a special
permit allowing the consumption of alcoholic beverages on specified
premises on a specific date and the act of consumption or possession
in question occurs on the premises and on the date specified in the
permit.