BOROUGH OF
NORWOOD
ORDINANCE
03:04
AN ORDINANCE AMENDING CHAPTER 77 OF THE CODE OF THE
BOROUGH OF NORWOOD, ENTITLED “ALCOHOLIC BEVERAGES” TO ADD A NEW SECTION
PERTAINING TO THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDER
AGED PERSONS
BE IT ORDAINED by the Mayor and Council of the Borough of Norwood,
County of Bergen, State of New Jersey as follows:
SECTION 1: Chapter
77 of the Code of the Borough of Norwood is hereby amended to add a new article
following Article II (77-9), to be known as Article III, Section 77-15 as
follows:
77-15 Possession and Consumption of Alcoholic Beverages by Underaged Persons
a. Any person under legal age to purchase alcoholic
beverages who, without legal authority, knowingly possesses or knowingly
consumes any alcoholic beverage in or on any school property, public
conveyance, public place or place of public assembly or on private property
shall be subject to a fine of two hundred fifty dollars ($250) for a first
offense and three hundred fifty dollars ($350) for any subsequent offense:
perform community service for a period not to exceed one hundred eighty (180)
days; at the discretion of the court, have a New Jersey driving privilege
suspended or postponed for six (6) months; and , if considered necessary by the
court, be referred to an alcoholic treatment program at the defendant’s
expense.
b. This Article shall not apply to persons under the
legal age to purchase alcoholic beverages who possess or consume alcoholic
beverages in the presence of and with the permission of the parent, legal
guardian or relative who has attained the legal age to purchase and consume
alcoholic beverages or possess or consume alcoholic beverages in connection
with a religious observance, ceremony, or rite. This Article shall also not apply to possession of an alcoholic
beverage by an underage person employed by an alcoholic beverage licensee in
the course of performing employment duties or while actively engaged in the
preparation of food while enrolled in a culinary arts or hotel management
program at a county vocational school or post secondary educational
institution.
c. As used in this Article:
“Guardian”
means a person who has qualified as a guardian of the underaged person pursuant
to testamentary or court appointment.
“Relative”
means the underaged person’s grandparent, aunt or uncle, sibling, or any other
person related by blood or affinity.
Section 2. Severability:
The provisions
of this ordinance are declared severable, and if any section, subsection,
sentence, clause, or part thereof is, for any reason, held to be invalid or
unconstitutional by a court of competent jurisdiction, such decision shall not
affect the validity of any remaining sections, subsections, sentences, clauses,
or part of this ordinance.
Section 3. Effective date:
This ordinance shall take effect upon final passage and
publication according to law.
Introduced:
_________________________
Adopted:
___________________________
Approved: _________________________________
Gus D’Ercole, Mayor
Attest: ______________________________
Lorraine L. McMackin, Clerk