[Adopted 8-18-1993 by Ord. No. 27-93 (Ch. 25, Art. V, of
the 1969 Code)]
A.Â
The Township Committee of the Township of Morris does hereby declare
that the abuse of alcohol has become a serious problem affecting the
health and welfare of all citizens and residents of the Township of
Morris. The Township Committee of the Township of Morris does further
declare and determine that all reasonable steps should and must be
taken to discourage and prohibit the possession and consumption of
alcohol by underage persons.
[Added 10-18-2000 by Ord. No. 22-00]
As used in this article, the following terms shall have the
meanings indicated:
A person who is qualified as a guardian of the underage person
pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.[1]
[1]
Editor's Note: Former § 165-18, Prohibited acts; exceptions,
as amended, was repealed 8-18-2021 by Ord. No. 24-21.
[Amended 10-20-1993 by Ord. No. 32-93]
A.Â
Any person who, within the Township of Morris, makes real property
owned, leased or managed by such person, or over which such person
has actual and effective control, available to persons who are under
the legal age for consuming alcoholic beverages with the knowledge
that alcoholic beverages will be made available for consumption or
will be consumed by persons who are under the legal age for consuming
alcoholic beverages shall be in violation of this article and subject
to penalties hereof. Any person who, within the Township of Morris,
leaves real property owned, leased or managed by such person or over
which such person has actual and effective control in the care of
another person with the knowledge that alcoholic beverages will be
made available for consumption by or will be consumed by persons who
are under the legal age for consuming alcoholic beverages shall be
in violation of this article and subject to penalties hereof. This
section shall not apply if:
(1)Â
The real property is licensed or required to be licensed by the Division
of Alcoholic Beverage Control in accordance with the provisions of
N.J.S.A. 33:1-1 et seq.;
(2)Â
The person making the property available or leaving it in the care
of another person is of the legal age to consume alcoholic beverages
and is the parent or guardian or first cousin or closer relative by
blood, marriage or adoption of the person who consumes alcoholic beverages
while under legal age for consuming alcoholic beverages; or
(3)Â
The alcoholic beverages are consumed by a person under the legal
age for consuming alcoholic beverages during a religious observance,
ceremony or rite.
B.Â
This section shall not apply to those actions constituting a violation
of law as set forth in N.J.S.A. 2C:33-17 or any successor statute.
[Amended 10-18-2000 by Ord. No. 22-00]
A.Â
A person convicted of violating this article shall be punished by
a fine of $250 for a first offense and $350 for any subsequent offense.
The Court may, in addition, 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.
B.Â
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.
C.Â
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 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.
D.Â
If the person convicted under this article 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.
All law enforcement officers of the Township of Morris are hereby
directed to apprehend any person observed by such officer to be in
violation hereof and any person for whom the officer has probable
cause to believe to be in violation hereof.
A.Â
An underage
person and one or two other persons acting in concert with the underage
person shall be immune from prosecution under an ordinance authorized
by N.J.S.A. 40:48-1.2 prohibiting any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property if:
(1)Â
One
of the underage persons called 9-1-1 and reported that another underage
person was in need of medical assistance due to alcohol consumption;
(2)Â
The
underage person who called 9-1-1 and, if applicable, one or two other
persons acting in concert with the underage person who called 9-1-1
provided each of their names to the 9-1-1 operator;
(3)Â
The
underage person was the first person to make the 9-1-1 report; and
(4)Â
The
underage person and, if applicable, one or two other persons acting
in concert with the underage person who made the 9-1-1 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
