Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
A. 
No person shall drink, imbibe, or consume, or offer to another for consumption, any alcoholic beverage in, on or upon:
(1) 
Any public recreation area, park, beach, playground, street, highway, road, sidewalk, parking area, shopping area or any other public or quasi-public place.
(2) 
A public conveyance.
(3) 
A private motor vehicle while the same is in motion or parked on any public street, lane, public parking lot or public or quasi-public place.
(4) 
Any private property without the express permission of the owner or other person having authority to grant such permission.
B. 
This section shall not apply to any properly licensed establishment, public function or activity sanctioned in accordance with the rules and regulations of the Division of Alcoholic Beverages of the State of New Jersey.
A. 
No person shall have in his/her possession or possess any alcoholic beverage in or upon the following, unless the same is contained within a closed or sealed container:
(1) 
Any public recreation area, park, beach, playground, street, highway, road, sidewalk, parking area, shopping area, place of amusement, recreation area or any other public or quasi-public place.
(2) 
A public conveyance.
(3) 
A private motor vehicle while the same is in motion or parked on any public street, lane, public parking lot or public or quasi-public place.
(4) 
Any private property without the express permission of the owner or other person having authority to grant such permission.
B. 
This section shall not apply to any properly licensed establishment, public function or activity sanctioned in accordance with the rules and regulations of the Division of Alcoholic Beverages of the State of New Jersey.
No person, corporation, partnership or other entity holding a plenary retail alcohol consumption and/or distribution license shall allow any person to leave the licensed premises, as same is defined on the liquor license issued of said entity, and go upon any of the areas set forth in § 3-9 unless said alcoholic beverage is in a closed or sealed container.
Notwithstanding the provisions of §§ 3-8 and 3-9, the Mayor and Council of the Borough of Lavallette may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, recreation area, public place or place of resort, as defined in Chapter 7 of the Code of the Borough of Lavallette, at a designated time or times in connection with a special event, series of events or observance which has been authorized by the Mayor and Council of the Borough; provided, however, that possession or consumption of alcoholic beverages shall, in such event, comply with any other applicable ordinances, laws or regulations.
There is hereby established a presumption that a bottle or container labeled as containing an alcoholic beverage actually contains such alcoholic beverage.
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.