Ban underage drinking on private property
By: Mae Rhine
Lambertville and West Amwell should take a cue from neighboring Hopewell and consider an ordinance that would ban underage drinking on private property without parental presence and permission.
Hopewell police are frustrated because they can’t do anything about underage drinkers who are sitting outside imbibing as police cruise by.
While the problem is "not as conspicuous in Lambertville," according to Police Director Bruce Cocuzza, because underage drinkers are usually "not in full view," they are out there.
If police get a complaint about loud noise and underage drinking, they can go to the home, but they can’t go in, he said. Police can ask to come in, but they can’t do anything even if the teens are unsupervised, he added.
The only exception would be if police feel the welfare of a child is in danger, he added. It’s a judgment call.
The law being considered by Hopewell mirrors those in nearby Ewing and Lawrence townships and West Windsor. It closes a loophole in a state law, which does not prohibit underage drinking on private property.
The state ordinance, N.J.S. 2C:33-15, states, "Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500."
The wording of the law under consideration by Hopewell states, "Pursuant to the provisions of N.J.S.A. 40:48-1.2, it shall be unlawful for any person who is under the legal age to purchase alcoholic beverages to knowingly possess same without legal authority or knowingly consume any alcoholic beverage on private property."
There would be several exceptions. The main one is minors drinking in the presence of and with the permission of a parent, guardian or relative of legal age. But the adult would have to be there at the time.
Other exceptions include minors drinking in connection with a religious observance, ceremony or rite or doing food preparation in a culinary arts or hotel management program.
Violators who are 18- to 20-years-old could be fined $250 for the first offense and $350 for the second and subsequent offenses. With more than one offense, a municipal court judge could require the minor to attend and complete an alcohol-counseling program and could suspend or postpone the person’s driver’s license for six months.
Those under 18 would go to family court where a judge would not be bound by the provisions of the municipal ordinance.
We feel losing the privilege of driving could be a major deterrent for these kids, maybe even enough to stave off peer pressure to drink
And it does not mean a criminal record for the minor; only a summons.
Mr. Cocuzza said he would support an ordinance banning minors from drinking unsupervised on private property.
As he says, "There’s a big groundswell of concern about underage drinking. It’s more problematic than ever."
He feels any action taken would be in a youth’s "best interest."
We agree.