Information Sheet on Municipal Ordinance 3-2.2
Under age consumption of alcohol while on private property.
Why does Summit have such an ordinance?
Underage drinking is a problem in Summit. Enacting this ordinance prohibits drinking by underage persons on private property just as it is prohibited on public property or in a motor vehicle. By having such an ordinance Summit supports the efforts of our police and many community groups to address this issue.
Do the police have more authority to enter private property than they did before?
No. Their authority is unchanged. An investigation is initiated by a complaint by a concerned citizen or an officer's observation that underage drinking is taking place on private or public property. The police respond and if they see probable cause (such as an intoxicated teen and/or evidence of alcohol consumption on the property) or a situation involving a medical/safety issue they act.
What are the penalties for violating this ordinance?
A fine of $250 for a first offense and $350 for subsequent offenses. In addition, driving privileges may be suspended or postponed for 6 months.
Does a violation of this ordinance constitute an "arrest" on one's record?
No. An individual found to be in violation of this ordinance would be issued a municipal ordinance violation summons similar to a summons issued for a parking violation, or a juvenile would have a complaint filed in juvenile court in Elizabeth. This does not constitute an arrest.
How should an individual found to be in violation of this ordinance answer if asked whether he/she has ever been arrested or convicted of a crime?
No, to each question. The conviction of a municipal ordinance violation does not constitute a criminal conviction or an arrest.
Will the individuals name be published in the police report in the newspaper?
No, if the person is under 18 years of age. Yes, if the individual is 18 or older.
May I serve alcohol to my son or daughter at a special event?
Yes. The ordinance does not apply if a child under the legal age consumes alcohol in presence and with the permission of a parent or legal court appointed guardian or in connection with religious services.
Do other communities have this ordinance?
Yes, Avalon, Bedminster, Bernardsville, Clark, Cranford, Ewing township, Manasquan, Morris Township, Randolph, Sayerville, Seaside Heights, Seaside Park, Surf City, Verona, and Washington Township are just a few of the municipalities that have passed this ordinance. Summit teens attending parties in other towns that have enacted the ordinance are subject to it.
Can my child be charged if they are at the party where alcohol is being consumed but my child is not drinking alcohol?
Yes. Due to a clause in the law of possession called constructive possession. N.J.S.A. 2C:2-1 defines constructive possession as: possession in which the person does not physically have the property, but though not physically on one's person, he is aware of the presence of the property and is able to exercise intentional control or dominion over it. A person who, although not in actual possession, has knowledge of its character, knowingly has both the power and the intention at a given time to exercise control over a thing, either directly or through another person or persons, is then in constructive possession of it.
Does this ordinance change things?
Yes. The ordinance holds all underage drinkers responsible for their actions, not just the individual hosting the party. Hopefully, the knowledge that they could be fined or lose their driving privileges for 6 months, will give teens an additional reason to resist peer pressure to drink.
For further information, please contact the Summit Police Department Juvenile Bureau at 908-273-5871.