BOROUGH OF WILDWOOD CREST
COTJNTYOF CAPE MAY
ORDINANCENO.
873
AN ORDINANCE AMENDING AND ST]PPLEMENTING CHAPTER 48, PEACE AND
GOOD ORDER, OF TIIE CODE OF THE BOROUGH OF WILDWOOD CREST,
FOR ANY PERSON I'NDER TIIE LEGAL AGE TO
MAKING IT I]NLAWFUL
KNOWINGLY
POSSESS OR KNOWINGLY
CONSI'ME
AN ALCOHOLIC
BEVERAGE ON PRIVATE PROPERTY WITHOUT LEGAL AUTHORITY
AND
PROVIDING PENALTTES FOR THE VIOLATION HEREOF
WHEREAS, SenateBill No. 692 was duly passedby both housesof the New Jersey Legislature and
signedinto law by the Governoron June28, 2000,to becomeeffectiveimmediately;and
WHEREAS, this legislationamendsNew JerseyStatute40:48-l to provide a new sectionauthorizinga
municipality to enact an ordinancemaking it unlawful for any person under the legal age who, without
legal authority, knowingly possessesor knowingly consumesan alcoholic beverageon private property
and providesfor the assessment
of penalties,includingthe suspension,revocationor postponementof
certaindriving privileges;and
WHEREAS, the Borough of Wildwood Crest intends to adopt an ordinance in accordancewith the
aforesaidenablinglegislation;and
WHEREAS the Board of Commissioners
of the Boroughof Wildwood Crest is of the opinion that such
an ordinance is in the public interest and will promote public safety and will contribute to the overall
public health,safety and welfare of the community at large; and
WHEREAS, SenateBill No. 692 becameeffective immediately, as of June 28,2000, and the Board of
Commissionershas determinedthat an immediateeffective date locally, as authorizedby N.J.S.A. 40:?44, is likewise necessaryupon the adoption of this ordinance in order to enable proper enforcement
thereof, by members of the Wildwood Crest Police Department, and for the immediate and urgent
preservationof the public peacein order to prevent vice, drunkennessand immorality; to preservethe
public peaceand order; to prevent and quell riots, disturbancesand disorderly assemblages;to prohibit
the consumptionofalcoholic beveragesby underagepersonson private property.
NOW, THEREFORE,BE IT ORDAINED by the Board of Commissionersof the Boroughof Wildwood
Crest, in the County of Cape May and Stateof New Jersey,as follows:
Section ,1. Chapter48, Peaceand Good Order, of the Code of the Borough of Wildwood Crest shall be
amendedto providea new section48-12as follows:
SECTION 48-12.1r UNDERAGE CONSUMPTION. It shall be unlawful for any personunderthe
legal age who, without legal authority, knowingly possessesor knowingly consumesan alcoholic
beverageon private property.
SECTION 48-12.2: PENALTY.
Any personviolating the provisionsof this Ordinanceshall, in
with the provisionsof N.J.S.40:48-l as amended,be punishedby a fine of $250.00for a first
accordance
offense.
offenseand $350.00for any subsequent
SECTION 48-123: ADDHONAL
3.1
PENALTIES.
In addition to the fine authorizedfor this offense,the Court may suspendor postponefor
six (6) months the driving privilege of the defendant. Upon the conviction of any person and the
suspensionor postponementof that person'sdriver's license,tire Court shall iorward a report to the
Division of Motor Vehicles statingthe first and last day of the suspensionor postponementperiod
imposedby the Court pursuantto N.J.S.A.40:48-l, as amended.If a personat the time of the imposition
of sentenceis lessthan l7 yearsof age,the period of licensepostponement,including a suspensionor
postponement
ofthe privilegeofoperatinga motorizedbicycle,shall commenceon the day the sentence
is imposedand shallrun for a periodofsix (6) monthsafterthe personreachesthe ageof 17 years.
3,2
If a personatthe time of the impositionof a sentencehasa valid driver's licenseissued
by this State,the Court shall immediatelycollect the licenseand forward it to the Division of Motor
Vehiclesalongwith the report. Iffor any reasonthe licensecannotbe collected,the Court shall include
in the report the complete name, address,date of birth, eye color, and sex of the person, as well as the
first and last date ofthe licensesuspensionperiod imposedby the Court.
3.3
The Court shall inform the personorally and in writing that ifthe person is convicted of
operatinga motor vehicle during the periodof licensesuspensionor postponement,
the personshall be
subject to the penaltiesset forth in R.S. 39:3-40. A person shall be required to acknowledgereceipt of
the written notice in writing. Failure to receive a written notice or failure to acknowledgein writing the
receiptof a written noticeor failureto acknowledgein writing tlre receiptof a written notice shall not be
a defenseto a subsequent
chargeofa violationofR.S. 39:3-40.
3.4
lfa personconvictedunderthis Ordinanceis not a New Jerseyresident,the Court shall
suspendor postpone,as appropriate,the non-residentdriving privilegeofthe personbasedon the age of
the personand submit it to the Division of Motor Vehicleson the requiredreport. The Court shall not
collect the licenseof a non-residentconvictedunderthis Ordinance. Upon receiptof a report from the
Court, the Division of Motor Vehiclesshall notif the appropriateofficials in the licensingjurisdiction of
the suspension
or postponement.
SECTION 48-12.4: EXCEPTIONS.
4.1
Nothing containedin this Ordinanceis intended,nor shall it be construed,as prohibiting
an underagedpersonfrom consumingor possessing
an alcoholicbeveragein connectionwith a religious
observance,ceremonyor rite, or consumingor possessing
an alcoholicbeveragein the presenceof and
with the permission of a parent, guardian or relative who has attained the legal age to purchaseand
consumealcoholicbeverages.
4.2
As used in the precedingSection(Section 4.1 hereof), the following terms shall have the
meaning set forth:
"Guardian"
meansa personwho has qualified as a guardianof the
underaged person pursuant to testamentary or court
appointment.
"Relative"
meansthe underagedperson'sgrandparent,aunt, uncle,
sibling,or any other personrelatedby blood or affinity.
4.3
Nothing containedin this Ordinanceis intendednor shall it be construedas prohibiting
possessionof alcoholic beveragesby any such personwhile actually engagedin the performanceof
employmentby a personwho is licensedunder Title 33 of the Revised Statutes,or while actively
engagedin the preparationoffood while enrolled in a culinary arts or hotel managementprogram at a
county vocational school or post-secondaryeducational institulion; provided, however, that this
Ordinanceshall not be construedto precludethe impositionof a penaltyunderthis Ordinance,R.S.33:l8 l, or any othersectionof law againsta personwho is convictedof unlawful alcoholicbeverageactivity
on or at premiseslicensesfor the saleofalcoholic beverages.
Section2.
REPf,ALER.
All Ordinancesor parts of Ordinancesinconsistentherewith are hereby
repealedto the extent ofsuch inconsistencyonly.
Section 3.
SEVERABILITY.
If any scaioq subsection, pangraph, sentenceor otlrcr port of this
Ordinance is adjudged unconstitutionalor invalid, suchjudgment shall not affect, impair or invalidate
the remainder ofthis Ondinance,but shall be confined in its effects to the section, subsection, paragraph,
sentenceor other part oftiis Ordinance directly involved in thc controversy in which sai<ljudgment shall
have beenrendered,and all odrer provisionsofthis Ordinanccshall remain in full force and effect.
Section4.
EFFECTM
DAf\
Pumnnt to N.J.SA. 40:74-4, this Ordinance shall take effect
immediately upon final adoption for the irmcdit
pcscrvation of the public peace in order to prevent
vice, drunkennessand immorality; to preservethe p6lh
peace and order; to prcvent and quell riots,
disturbances and disordcrty assemblageq to prohibat |bc cursumptioo of dtrlic
underage pcrsos on privar properly, all of whict oditlns
692, rcitc
trgsrt.
as specifically set forth in SenateBill No.
and immediate enforcement by the duly authorized ofiicers and employees of
thc Borough of Wildwood Crest for the aforsaid strted purposes.
Da*dl
W.
tT'Hoo
COMMISSIONERS
INTRODUCED:1- lL- aO
ADoPTED:?-Zb-OO
beverages by