[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 18, Art. 8, of the 1979 Revised General Ordinances of Paterson;
amended in its entirety by 1-18-2022 by Ord. No. 22-002[1]]
[1]
This ordinance also retitled the article from "Consumption
in Public" to "Consumption in Public of Alcohol or Cannabis."
The Council has determined that the public drinking
of alcoholic beverages and public use of cannabis by persons or groups
of persons standing about on sidewalks, especially in the areas near
taverns, or sitting in or standing about automobiles while drinking
intoxicating beverages or using cannabis has created a public nuisance
with the consequent result that the safety of persons lawfully using
the streets and public areas has been affected and deems it in the
public interest to prevent such public drinking and cannabis use.
As used in this article, the following terms
shall have the meanings indicated:
Any fluid or solid capable of being converted into a fluid,
suitable for human consumption, and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes or any mixture of the same and fruit juices.
For the purposes of this article, cannabis means all parts
of the plant Cannabis sativa L., whether growing or not, the seeds
thereof, and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant or its seeds, except those containing
resin extracted from the plant, which are cultivated for use in cannabis
products, regardless of whether the cannabis is for medical use, and
regardless of whether the cannabis is to be smoked or otherwise ingested.
However, notwithstanding any provision to the contrary, cannabis does
not include nonintoxicating CBD oils, or hemp products cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, N.J.S.A. 4:28-6.
No person shall consume alcoholic beverages
or cannabis on any of the public streets, sidewalks, parking lots,
roadways, pathways, playgrounds, parks or quasi-public areas or any
other public property whatsoever within the city at any hour of the
day or night. A special permit may be issued for alcohol in such areas
in accordance with applicable statutes, but not for cannabis as defined
herein.
Unless another penalty is expressly provided
by New Jersey Statute, any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
less than $100 and not exceeding $2,000, or by a period not exceeding
90 days of community service or imprisonment. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
