[Adopted 8-25-1977]
[Added 8-26-1999 by Ord. No. 16-1999]
As used in this article, the following terms
shall have the meanings indicated:
Includes all alcoholic beverages as defined in the Alcoholic
Beverage Law of the State of New Jersey (N.J.S.A. 33:1-1 et seq.).
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
The condition of the container, containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Law of the State of New Jersey (N.J.S.A. 33:1-1 et seq.),
whose cap, cork, top or other closing device has been removed, or
the condition of a can which is punctured or pulled open so as to
break its seal.
Exercise of dominion over the container or beverage.
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, school grounds, lands owned by the municipality
or in possession of said municipality or any other place to which
the public has access, including a public parking lot or driveway
for one or more vehicles used by patrons of any commercial, industrial
or professional place of business, but excluding those public places
wherein the use and consumption of alcoholic beverages is authorized
pursuant to a license or permit issued under this chapter or under
the Alcoholic Beverage Law of the State of New Jersey (N.J.S.A. 31:1-1
et seq.).
[Amended 8-26-1999 by Ord. No. 16-1999]
It shall be unlawful to drink or to possess
in an open container or to possess, consume or distribute any alcoholic
beverage on any public street, sidewalk, avenue, alley, highway or
other thoroughfare or on any public park or beach or on any public
or private lot or in any motor vehicle, including Key Rec Field, Lincoln
Park, Egg Harbor City Lake, Rotary Park, Moss Mill Road Playground
and any other park or recreation area established by the City of Egg
Harbor City, at any time.
[1]
Editor's Note: This section incorporates the
provisions of Original § 5-20, pertaining to use at athletic
fields, adopted by Ord. of 9-25-1975, as amended by Ord. No. 6-1994.
It shall be presumed of any person drinking
or possessing in an open container any alcoholic beverage on any private
lot within the City of Egg Harbor City, other than a residence, that
such person does not have the consent of the owner of the lot to engage
in such activity.
An organized religious, civic, educational or
charitable organization shall be exempt from the application of this
article, provided that said organization, prior to conducting the
prohibited activity, shall file with and receive from the City Clerk
a certificate of exemption.
[Amended 2-28-1991 by Ord. No. 5-1991; 4-14-1994 by Ord. No.
6-1994]
Each and every person violating any of the provisions
of this article shall be subject, upon conviction thereof, to a fine
not to exceed $500 or by imprisonment for a term not to exceed 90
days in the county jail or in any place provided by the city for the
detention of prisoners, or both, in the discretion of the Judge before
whom said conviction shall be had.
