[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon Heights as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 288.
[Adopted 10-14-1975 by Ord. No. 498 (Ch. 39, Art. I of the 1975 Code)]
Any person who shall consume alcoholic beverages while in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance; or in a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot; or while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission; or who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner, is a disorderly person.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451]
Any person who shall violate the provisions of this article shall, upon conviction thereof, be punished by a maximum penalty of a fine not exceeding $2,000 or by imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 9-18-2007 by Ord. No. 1236]
It shall be unlawful for any person under the legal age of 21, without legal authority, to knowingly possess or knowingly consume an alcoholic beverage on private property.
A. 
Any person found guilty of violating the terms of this article shall be subject to a fine up to $250 for a first offense and a fine of up to $350 for any subsequent offense. In addition, the court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges 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 the defendant at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles 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.
B. 
The court shall inform the personal orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant 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 the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
C. 
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 article. Upon a receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This article shall not prohibit an underage person from 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.