City of Somers Point, NJ Article III Restrictions on Consumption

[Adopted 7-23-1965 as Ord. No. 8-1965 (Ch. 4, Art. III, of 1967 compilation); amended 4-22-1971 by Ord. No. 5-1971]

§ 75-9 Consumption or possession in public.

[Amended 12-9-2010 by Ord. No. 19-2010]

A. No person shall consume any liquor, wine, beer, or any other intoxicating liquor or alcoholic beverage or have access to or possess any open bottle, can, jar, container, or any other vessel which contains any liquor, wine, beer, or any other intoxicating liquor or alcoholic beverage:

(1) In or upon any public street, lane, highway, thoroughfare, sidewalk, park recreation area, beach, or any other public or quasi-public place or in any public conveyance;

(2) In a private conveyance while such conveyance is in motion, stopped or parked in or on a public street, lane, highway, thoroughfare, park recreation area, beach, public parking lot or quasi-public parking lot;

(3) While in or on private property not his or her own, without having the express permission of the owner or any person of adult age authorized to grant such permission.

B. The prohibition contained in this § 75-9 shall not apply to the consumption of alcoholic beverages purchased or distributed in accordance with the lawful issuance by the City of Somers Point of an alcoholic beverage permit for a special event; provided, however, that:

(1) Such beverage or container shall have been purchased at the event or distributed by the event sponsor;

(2) It shall be possessed solely within the geographical boundaries of the location of the event or within such more-limited area as may be prescribed by the terms of the permit or the rules and regulations established by the event sponsor;

(3) It shall be possessed only within the time limits established by the permit; and

(4) All other conditions of the permit are being satisfied.

C. No person shall discard any bottle, can, jar or other vessel containing or having contained liquor, wine, beer or any other alcoholic or intoxicating beverage upon:

(1) Any public street, lane, highway, thoroughfare, sidewalk, park recreation area, beach, or any other public or quasi-public place; or

(2) Any private property not his or her own, without the express permission of the owner or any adult person having authority to grant such permission.

§ 75-10 Rebuttable presumption.

There shall be a rebuttable presumption against each and every person charged with this offense of consumption of an alcoholic beverage in a public place or motor vehicle as set forth in § 75-9, if that person is knowingly in possession of an open container which contains or has recently contained an alcoholic beverage.

§ 75-11 Violations and penalties.

[Amended 3-14-1991 by Ord. No. 6-1991]

Any person or persons violating this article shall, upon conviction in the Municipal Court of the City of Somers Point, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for not more than 90 days or a period of community service not to exceed 90 days, or any combination of the foregoing.

§ 75-12 Posting copies.

Copies of this article shall be posted on every public beach, in the City Hall and in every place licensed for the sale of alcoholic beverages within the City of Somers Point.