[Adopted 8-18-1993 by Ord. No. 27-93 (Ch. 25, Art. V, of the 1969 Code)]
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.
[Amended 11-10-1993 by Ord. No. 33-93; 10-18-2000 by Ord. No. 22-00]
Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, knowingly possesses, orders, purchases, serves or consumes alcoholic beverages or who is under the influence of alcoholic beverages within the municipal boundary of the Township of Morris shall be in violation of this article and subject to the penalties hereof. This section shall not apply to an underage person 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. This section shall not apply to any underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes 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 postsecondary educational institution; however, this article shall not 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.
[Amended 10-20-1993 by Ord. No. 32-93]
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:
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.;
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
The alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite.
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 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.
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.
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.
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.
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:
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;
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;
The underage person was the first person to make the 9-1-1 report; and
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.