Seaside Heights Open Container & Alcohol Charges
Public Intoxication & Drinking Underage Offenses
The criminal defense attorneys at The Law Offices of Jonathan F. Marshall defend individuals charged with alcohol related offenses such as open container, drinking in public, and underage drinking in Seaside Heights. Please take note that these ordinance violations are in addition to other charges which may be filed under the New Jersey criminal code. In fact, our lawyers find that it is more often the case that an arrest of this nature will result in multiple charges, including the possibility of additional charges of DWI, assault, simple assault, resisting arrest, hindering, fleeing or eluding an officer, or disorderly conduct, etc. Obviously, the more numerous the charges, the more serious the consequences. However, an experienced criminal defense lawyer will develop a defense strategy that minimizes the client’s overall exposure. Nonetheless, an isolated charge for open container, public consumption, DWI, etc. is still a serious matter. Please call if you have been charged with or arrested for an alcohol related offense, and the criminal defense lawyers at our law firm will be happy to discuss your case.
Seaside Heights Drinking in Public and Other Alcohol Consumption Related Offenses
Article III of the Seaside Heights Municipal Code penalizes certain alcohol consumption related offenses and is set forth as follows:
ARTICLE III Consumption in Public Places and Motor Vehicles
§ 17-15. Purpose.
The purpose of this article is to prohibit the consumption of any and all alcoholic beverages in or upon any public place or private motor vehicle in order to protect the health, safety and welfare of the citizens of the Borough of Seaside Heights.
§ 17-15.1. Definitions. Editor’s Note: Ordinance No. 05-16, adopted 7-6-2005, provided for the renumbering of former §§ 17-16, 17-17 and 17-17.1 as §§ 17-15.1, 17-16 and 17-17, respectively.
The following terms shall have the following meanings as contained in this article:
- ALCOHOLIC BEVERAGE(S) – A fluid, or a solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by volume. The term shall include alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes, or any mixture of them.
- MOTOR VEHICLE – Includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
- OPEN CONTAINER – Include any container containing an alcoholic beverage where the original seal thereon has been broken, whether or not any portion of the alcoholic beverage has been consumed from the container.
- PUBLIC PLACE – Includes any public street, lane, roadway, avenue, sidewalk, public parking lot or place, park, playground, public school, recreation area, beach, shoreline, lake or pond, any land or building occupied by the Borough of Seaside Heights, public conveyance and any other public or quasi-public location where the public is generally admitted without restriction; provided, however, that nothing herein shall be construed to prohibit the consumption or sale of alcoholic beverages within premises licensed as plenary retail consumption or distribution or any other establishment holding a valid liquor license.
§ 17-17. Underage consumption and possession in public places and motor vehicles prohibited. [Added 6-15-2005 by Ord. No. 05-15]
A. No person under the legal age for consumption or purchase of alcoholic beverages shall possess any open or closed container of alcoholic beverage in any public place or in any public or private motor vehicle.
B. No person under the legal age for consumption or purchase of alcoholic beverages shall consume any alcoholic beverage in or upon:
- Any public place.
- Any public or private motor vehicle.
§ 17-18. Exceptions.
Notwithstanding the provisions contained in § 17-16, the Mayor and Council of the Borough of Seaside Heights may, by resolution duly adopted, permit the possession and consumption of alcoholic beverages in a designated park, recreation area or other public place at a designated time or times in connection with a special event, series of events or observance which has been authorized by the Mayor and Council prior thereto, and which possession or consumption of alcoholic beverages shall, in addition to the provisions hereto, comply with all applicable laws, ordinances and regulations.
§ 17-19. Violations and penalties. [Amended 6-19-2002 by Ord. No. 2002-15; 3-2-2005 by Ord. No. 05-08]
A. Any person violating and failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge, The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. The violation of any provision of this article shall be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction.
If you or a loved one has been charged with one of the herein described alcohol related offenses in Seaside Heights, please contact the criminal defense attorneys at The Law offices of Jonathan F. Marshall today for a free consultation. A conviction for an offense of this nature may have harmful unforeseen consequences, including difficulties in obtaining future employment. The attorneys at our criminal defense law firm understand the stakes associated with these offenses and treat every case accordingly. A lawyer is available to speak to you immediately and initial consultations with an attorney are without charge. We encourage you to take advantage of the opportunity to speak to one of our lawyers.