[Adopted 11-8-2000 by Ord. No. 14-2000]
There is a need within the Township of Logan
to prevent any person under the legal age, without legal authority,
from knowingly possessing or knowingly consuming an alcoholic beverage
on private property. This article is intended to meet this need and
to provide guidance in its enforcement.
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
It is hereby unlawful for any person under the
legal age to, without legal authority, knowingly possess or knowingly
consume an alcoholic beverage on private property.
A.
First offense. Upon conviction by the Logan Township
Municipal Court of a violation of this article, a person shall be
punished by a fine of $250, plus court costs.
B.
Second or subsequent offense. Upon conviction by the
Logan Township Municipal Court of a second or subsequent offense,
a person shall be punished by a fine of $350, plus court costs.
C.
Revocation of driving privileges.
(1)
The Court may, in addition to the fine imposed, suspend
or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the Court shall forward a report
to the Division of Motor Vehicles stating the first and last day of
the suspension or postponement period imposed by the Court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
(2)
If a person at the time of the imposition of a sentence
has a valid driver's license issued by this state, the Court shall
immediately collect the license and forward it to the Division along
with the report. If for any reason the license cannot be collected,
the Court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last date of the license suspension period imposed by the Court.
(3)
The Court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(4)
If the person convicted under such an ordinance is
not a New Jersey resident, the Court shall suspend or postpone, as
appropriate, the nonresident driving privilege of the person based
on the age of the person and submit to the Division the required report.
The Court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report by the Court, the Division
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
A.
This article shall not prohibit an underaged person
from consuming or possessing an alcoholic beverage in connection with
a religious observance, ceremony, or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages.
B.
This article shall not prohibit possession of alcoholic
beverages by any such person while actually engaged in the performance
of employment by a person who is licensed under Title 33 of the Revised
Statues or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a county
vocational school or post secondary educational institution; however,
no ordinance enacted pursuant to this section shall be construed to
preclude the imposition of a penalty under this section, N.J.S.A.
33:1-81, or any other section of law against a person who is convicted
of unlawful alcoholic beverage activity on or at premises licensed
for the sale of alcoholic beverages.
Any police officer or any special officer duly
appointed by the Mayor and Township Council is hereby authorized and
empowered to issue a citation to any such person who may be in the
act of violating the provisions of this article.
Under N.J.S.A. 2B:12-17, the Logan Township
Municipal Court has jurisdiction over violations of municipal ordinances.
