[Adopted 12-17-1974 by Ord. No. 74-9; amended in its entirety 12-7-1982 by Ord. No. 82-13 (Ch. 79, Art. III, of the 1986 Code)]
This article is enacted for the purpose of prohibiting the possession
and consumption of alcoholic beverages in public parks, playgrounds,
recreation areas, and private conveyances on public areas and public
ways and, further, prohibiting the consumption and possession of alcoholic
beverages on private property without the express written permission
of the owner.
No person shall consume or offer to another for consumption
or possess with the intent to consume any alcoholic beverages in or
upon any public building, park, playground or recreational area nor
in, on or upon public lands, streets, roads, alleys, rights-of-way
or sidewalks or upon any land or building owned or occupied by the
municipal government, unless previously authorized by the Borough
Council.
No person shall consume or offer to another for consumption
or possess with the intent to consume any alcoholic beverage in any
private conveyance while such conveyance is located in or on any public
street, road, lane, alley, right-of-way, public parking lot or any
other property. For the purposes of the application of this section,
it shall be irrelevant whether such private conveyance is in motion,
stopped or parked.
No person shall consume or offer to another for consumption
or possess with the intent to consume any alcoholic beverage while
in or upon private property, not his or her own, without having the
express permission of the owner or other person authorized to grant
such permission nor in a private conveyance while such conveyance
is on private property without the express permission of the owner
or other person authorized to grant such permission.
No person shall have in his or her possession any alcoholic beverage in any of the places where consumption of the same is prohibited in §§ 173-14, 173-15 and 173-16 above, except in the process of transporting the same within the original closed container to a place where consumption is lawfully permitted.
Possession of any intoxicating beverages in other than the original
container or in an original container which has been opened or on
which the seal has been broken shall raise the presumption that such
beverage was intended for consumption.
A.
For the purposes of this article, a person shall be deemed to be
in possession of an alcoholic beverage within the meaning of this
article if he intends to or does exercise custody, control or dominion
over such alcoholic beverage; provided, however, that actual physical
or manual possession is not required if the intention to exercise
such custody, control or dominion over the alcoholic beverage is manifested
from the direct or circumstantial evidence where it is reasonable
to infer that the capacity to do so exists. Possession, custody or
control need not be exclusive but may be jointly exercised by two
or more persons. A person shall be presumed to be jointly in possession,
custody or control of the alcoholic beverage if the owner or person
in physical control of the alcoholic beverage is in close proximity
to him, and the alcoholic beverage is not sealed or has been partially
consumed.
B.
For the purposes of this article, any fluid suitable for human consumption
and having alcoholic content of more than 1/2 of 1% by volume, including
alcohol, beer, ale, naturally fermented wine, treated wine, blended
wine, fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any other brewed, fermented or distilled liquors, if for
use for beverage purposes, shall be considered an alcoholic beverage.
C.
For the purposes of this article, a private conveyance shall be any
automobile, van, truck, motorcycle, moped, trail bike or any other
such vehicle.
[Amended 6-17-1986 by Ord. No. 86-5; 7-5-2017 by Ord. No. 2017-5]
Each and every person violating any of the provisions of this article, upon conviction, shall be subject to a penalty as provided in § 1-2 of this Code.
In regard to any conviction relating to this article, 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
Municipal Court 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 alcoholic rehabilitation
programs or other such programs related to alcoholic education or
rehabilitation.
