[Adopted 8-18-1980 as Ord. No. 439]
No person shall consume alcoholic beverages,
as the same is defined in Title 33 of the New Jersey Statutes, or
have in his or her possession, custody or control any open container
having therein unconsumed alcoholic beverage, in, on or upon any of
the public streets, sidewalks, parks, alleyways, recreation areas
which are open to the public at large, whether publicly or privately
owned, or roadways, pathways, playgrounds, outdoor facilities or shopping
plazas at any hour of the day or night unless said person has obtained
a special permit as provided herein; provided, however, that this
article shall not affect or be applicable to persons who are lawfully
transporting such beverages under the authority of any federal or
state governing body or subdivision thereof, or persons transporting
same in closed containers which are not easily accessible or which
are not in such close proximity as to easily facilitate the consumption
of said beverage.
No person shall consume alcoholic beverages
or have in his possession any opened alcoholic beverage container
with unconsumed alcoholic beverage therein while in any automobile,
whether in motion or parked, on any of the public streets, parking
lots which are open to the public at large, whether publicly or privately
owned, roadways, highways, pathways, playgrounds, outdoor facilities
owned or operated by the Board of Education of the Township of Rochelle
Park, parks, shopping plazas or other thoroughfares open to general
vehicular traffic in the Township of Rochelle Park; provided, however,
that this article shall not prevent the transportation of said open
alcoholic beverage containers in the closed trunk or storage areas
of said motor vehicle which is properly locked or secured.
Notwithstanding the provisions contained in §§ 58-23 and 58-24, a special permit may be issued by the Township Clerk upon the recommendation of the Chief of Police of the Township of Rochelle Park for the consumption of alcoholic beverages in specified public and quasi-public areas, which permit shall include such terms and conditions as may be reasonably established by the governing body to ensure the protection of the public health, safety and welfare. The permit shall provide for the proper disposal (including a certification that the areas used will properly be maintained and cleaned by the applicant) of the containers for the alcoholic beverages and unused alcoholic beverages to ensure that persons who are under the legal drinking age, as established by the Legislature, will not gain possession thereof and have the opportunity to consume such alcoholic beverages contrary to law and public policy and to ensure that the containers do not become a hazard to the public health, welfare and safety. The hours for which the permit is granted shall be stated thereon so that the public safety and peace may be preserved and the Police Department, Fire Department, Health Department and Department of Public Works may be able to better provide for same. Specific locations shall be provided so as to reasonably notify the holders of the permit of the area in which the aforesaid conduct shall be allowed, and such designation shall also take into consideration that such designated area and such permit and persons using said permit shall not obstruct the free passage of pedestrians or vehicles or engage in activities which would disturb a person of ordinary sensibilities so as to cause him to react immediately in such a way as to threaten by physical violence the peace and order of the public nor be conducive to conduct that will cause an immediate physical violent reaction that will threaten the peace and order of the public or obstruct, molest or interfere with any person lawfully in any public place.
Any person who shall violate any provision of
this article shall be subject, for a first offense, to a fine not
to exceed the sum of $500 or imprisonment in the county jail for a
period of not more than 30 days, or both, at the discretion of the
court before whom the matter is tried.
