[Adopted 8-26-1980 (Ch. 108, Art. II, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
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.
A.
In any public place or in any motor vehicle on any
public highway, road, street or alley in the Township of Mantua, it
shall be unlawful for any person under the legal age for the consumption
of alcoholic beverages established by the State of New Jersey to:
(1)
Intend or attempt to consume or possess any alcoholic
beverage.
(2)
Consume or possess any alcoholic beverage.
(3)
Engage in or attempt to engage in, in concert with
one or more persons, an act of consuming or possessing any alcoholic
beverage.
(4)
Distribute, deliver or make available for consumption
of any alcoholic beverages to a person under the legal age for the
consumption of alcoholic beverages established by the State of New
Jersey or to attempt to perform such acts.
(5)
Possess, display, dispense or distribute any alcoholic
beverage out of its original container.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1)
Statements made by an owner or by anyone in control
of the alcoholic beverage.
(2)
The proximity of the defendant to the alcoholic beverage
or his opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has
been partially consumed or is in an open or unsealed container such
as a glass or cup.
(4)
Whether the defendant or any person(s) in close proximity
to him exhibits an odor of alcoholic beverage coming from his and/or
their person or exhibits physical conduct, attributes or demeanor
associated with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of
an owner or of anyone in control of the alcoholic beverage to deliver,
distribute or make available such alcoholic beverage to the defendant
or another person or persons in close proximity to the defendant.
(6)
The possession or disposal of empty alcoholic beverage
containers by the defendant or any persons in close proximity to him
or the presence of empty alcoholic beverage containers in a motor
vehicle occupied or under the control of the defendant.
A.
No person acting individually or participating with
one or more persons shall either consume or intend or attempt to consume
an alcoholic beverage or possess, display, dispense or distribute
any alcoholic beverage out of its original container in any of the
following places:
(1)
While in a public place or private place of which
he is not an owner, tenant or lawful occupant or in any public conveyance,
without permission of any owner, tenant, lawful occupant or any person
having the authority to grant such permission.
(2)
While in or on any property owned by the Township
of Mantua in the County of Gloucester without the permission of the
Township of Mantua.
(3)
While in a private motor vehicle in motion on or parked
in any public place or upon any private place of which he is not an
owner, tenant or lawful occupant, without the express permission of
the property owner, tenant, lawful occupant or other person having
the authority to grant such permission.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs may consider the following factors:
(1)
A statement made by an owner or by anyone in control
of the alcoholic beverage.
(2)
The proximity of the defendant to the alcoholic beverage
or his opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has
been partially consumed or is in an open or unsealed container such
as a glass or cup.
(4)
Whether the defendant or any person(s) in close proximity
to him exhibits an odor of alcoholic beverage coming from his and/or
their person or exhibits physical conduct, attributes or demeanor
associated with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of
an owner or anyone in control of the alcoholic beverage to deliver,
distribute or make available such alcoholic beverage to the defendant
or any other person or persons in close proximity to the defendant.
(6)
The possession or disposal of empty alcoholic beverage
containers by the defendant or any persons in close proximity to him
or the presence of empty alcoholic beverage containers in a motor
vehicle occupied or under the control of the defendant.
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.
A.
Any person, entity or corporation who or which violates
any provision of this article shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
any place provided by the municipality for the detention of prisoners
for a term up to but not exceeding 90 days or by a fine of not less
than $100 and not more than $2,000 or by a period of community service
up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute
a separate offense for the purpose of imposing the penalties referred
to above.
[Amended 4-25-1989]
B.
When the Municipal Court suspends the imposition of
a defendant's sentence or a portion thereof or sentences him to be
placed on probation, the Municipal Court may attach such reasonable
conditions authorized by N.J.S.A. 2C:45-1, including the performance
of community-related services and the imposition of conditions reasonably
related to the rehabilitation of the defendant, including but not
limited to alcohol rehabilitation programs or other such programs
related to alcohol education or rehabilitation.
