Program extended another year amid little public comment.
By: Jill Matthews
WEST WINDSOR After little public comment Tuesday contrary to the outpouring of public concern that was expressed last year the Township Council approved a one-year continuation of an underage drinking ordinance.
The council approved the ordinance in a 4-1 vote, with Councilman Charles Morgan voting no. Council members cast their votes exactly the same way last year.
"We can all drive around and still think we live in the perfect suburban neighborhood, with the nice manicured lawns … but we have a problem in this community with teenage drinking," Councilwoman Kristin Appelget said before casting her vote.
The ordinance enables police to issue a municipal complaint against underage persons found consuming or possessing alcohol on private property. Before the ordinance was first adopted last year, police could issue such summonses only for underage consumption or possession on public property.
The adopted ordinance includes a one-year sunset provision, as it did the previous year.
Before taking a vote, some council members questioned the necessity of the ordinance and how police might have responded differently to the five instances in which they used the ordinance.
Police Chief Joe Pica said the ordinance gives police a basis to take action to deal with underage drinking before potential problems develop or escalate, such as property damage or people being injured. It also allows police the option to give youth warnings by charging them with less serious ordinance violations rather than applying some state laws, like having an open container of alcohol in a vehicle, he said.
"The message we should be sending out is that we don’t tolerate underage drinking and the problems that occur as a result," said Chief Pica. Such problems have included mailboxes being blown up and cars being scratched, among other things.
He noted that the major concern regarding the ordinance last year was that police might abuse their powers, which he said has not occurred. He said the crux of the ordinance was to address keg and juvenile parties.
"We have no interest in checking IDs at people’s Thanksgiving dinner," said Chief Pica.
Questions were also raised about whether the ordinance was too broadly written and could be better focused to give police needed tools but not allow additional, undesired powers to the police force. But the council ultimately voted in favor of the ordinance as written.
When the ordinance was discussed last year, a large group of teenagers and other members of the public came out to express their opposition, saying the ordinance would not alleviate the problem of underage drinking. But on Tuesday, only two members of the public spoke about the ordinance, one in support and the other expressing concern over the broadness of the ordinance.
Councilwoman Alison Miller, who voted in favor of the ordinance last year, was on the fence about approving it again, but ultimately voted in favor of it. She said she liked the fact that the ordinance could be used to hand out warnings to youth without charging them for more serious infractions, but suggested the township counsel and clerk look into tightening the wording of the ordinance before it comes back to the council for renewal at the end of the year.
Mr. Morgan, who cast the lone vote against the ordinance last year, maintained his position that the ordinance was too broad and discriminatory, and said he could not support it.
In other business, the council:
Authorized a $6.2 million temporary municipal budget for 2005 that will be used from the start of 2005 until a final budget is adopted. The $6.2 million figure is calculated from 26 percent of the previous year’s budget, which was $23.7 million.
Approved a $2,978 change order to T. Foitakis Construction for supplemental work due to the unanticipated need for additional decorative pavers to accommodate emergency vehicles for the West Windsor Arts Center Streetscape and West Windsor Municipal Building Landscape project. The township originally awarded a $107,805 contract in June to the company for the project.

