West Windsor re-evaluates underage-drinking ordinance

Public hearing set on renewing measure

By: Emily Craighead
   WEST WINDSOR — The holiday season is approaching — and with it, the deadline to renew the township’s ordinance designed to control underage drinking on private property.
   With new Township Council members Linda Geevers and Heidi Kleinman weighing the benefits of the ordinance during a discussion at Monday’s council meeting, veteran members stood by positions they have taken during earlier debates.
   When the ordinance was first enacted in 2003 and renewed in 2004, council President Charlie Morgan cast the only vote against adopting it.
   The local ordinance included a one-year sunset provision so it would have to be re-evaluated.
   Under state law, underage consumption or possession of alcohol is illegal on public property, but not on private property.
   "We took action (before the local ordinance was passed), but we were on thin ice," Police Chief Joseph M. Pica said.
   Under the underage drinking ordinance, a first offense results in a $250 fine and a $350 fine is issued for any subsequent offense. A municipal judge also has the option of suspending an offender’s driver’s license or mandating community service.
   Officers still must have probable cause — seeing a teen in a high school jacket with a beer in hand, for example — before they are permitted to enter a residence.
   Since the ordinance was enacted, Chief Pica said the Police Department has seen a decline in complaints of loud house parties — from once or twice a week to about 12 times a year.
   Police applied the ordinance twice in 2004 and twice so far this year, according to Chief Pica.
   "We’re using the ordinance as an educational tool and to break up these parties," Chief Pica said.
   In eighth grade and during 10th-grade driver education classes, West Windsor police inform students about the ordinance.
   "I think it sends the right message," Chief Pica said. "We’re dealing with kids who are going through a maturation process, and you throw in alcohol, and it has a negative effect on their judgment."
   Councilman Franc Gambatese also said the ordinance serves an educational and preventative role.
   "I think it’s having the legislation in place that gives kids something to think about," he said.
   Mr. Morgan, however, said the police already have the tools to deal with criminal mischief or other crimes that might result from underage drinking and parties.
   "I don’t think (the police) need it to do the job that is described," Mr. Morgan said. "We need to be very careful about the powers we give the police."
   Councilwoman Kristin Appelget disagreed, praising police restraint in applying the ordinance.
   "I think the police are using it in a judicious manner," she said.
   A public hearing on the underage drinking ordinance will be held at the council’s Nov. 21 meeting.