[Adopted 10-7-1985 by Ord. No. 20-85]
As used in this article, the following terms
shall have the meanings indicated:
Any fluid, or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed fermented or distilled liquors fit for use
for beverage purposes, or any mixture of the same and fruit juices.
Any container made of either glass, aluminum, tin, cardboard,
or any other substance which can or may be used for the purpose of
holding alcoholic beverages.
Any place which is not a public place as defined below.
Any place, either publicly or privately owned, which is or
may be frequented by the public.
A.
No person acting individually or participating with one or more persons
shall consume or attempt to consume an alcoholic beverage, whether
or not said alcoholic beverage is in or out of its original container,
and no person individually or participating with one or more persons
shall possess, display, dispense or distribute any alcoholic beverage
out of its original, sealed container:
[Amended 10-15-2019 by Ord. No. 46-2019]
(1)
While in or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area or any other
public place or quasi-public place or in any public conveyance without
permission of any owner, tenant, lawful occupant or person having
the authority to grant such permission, or any private place of which
he is not an owner, tenant or lawful occupant.
(2)
While in a private motor vehicle, in motion or parked in any public
street, lane, parking lot or other 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 or lawful occupant
or other person having the authority to grant such permission.
B.
No person acting individually or participating with
one or more persons shall be intoxicated or drunk or disorderly in
any public omnibus, street, highway, thoroughfare or any sidewalk,
store, restaurant or any public or quasi-public place or house to
the annoyance of any person.
C.
No person shall discard alcoholic beverage containers
upon any public street, sidewalks, parking lots, roadways, pathways,
playgrounds, parks or quasi-public areas, or any other public property
whatsoever, within the City of Hackensack at any hour of the day or
night.
D.
In determining whether or not any of the unlawful acts set forth in Subsections A, B and C of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
[Amended 10-15-2019 by Ord. No. 46-2019]
(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 and his
opportunity or ability to consume, with there being a rebuttable presumption
that if the defendant is within arm's length of the alcoholic beverage
that he or she intended to consume the alcoholic beverage.
(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
a cup.
(4)
Whether the defendant or any person(s) in close proximity to the
defendant 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 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.
Notwithstanding any of the terms and provisions
contained herein, the Mayor and Council of the City of Hackensack
may for good cause issue a permit for the possession or consumption
of alcoholic beverages in a designated park or other public place
under its jurisdiction, at a designated time or times in connection
with a special event. Said permission shall only be granted upon submission
to the Mayor and Council of the City of Hackensack of a request in
writing for a permit, setting forth the nature of the special event,
the location of said special event, the time of said special event
and the organization sponsoring said special event.
A.
Any person violating any of the provisions of this
article, upon conviction, shall be subject to a fine of not less than
$100 and not more than $500 or imprisonment in the county jail for
a period not to exceed six months, or both; provided, however, that
the minimum mandatory fine for the second or any subsequent conviction
within the City of Hackensack shall be $200.
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 municipality 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.
