Township plans to pass ordinance designed to quell underage drinking

| 29 Sep 2011 | 10:25

    WEST MILFORD — A new local law that would give police greater powers when faced with underage drinking is on the table and will probably succeed. If approved, police officers will have the right to enter a private property and arrest anyone below legal drinking age found to be in possession of, or consuming, alcohol. Current laws prevent police from any such arrest even if police enter a private residence for another reason. If convicted, the youth caught drinking would be hit with a $250 fine for a first offence and $350 for any subsequent offence. Included in the law is a provision to allow a judge to suspend the driving license or postpone driving privileges for six months. The law, however, does not remove parental rights. Police are unable to intervene if the minor is consuming alcohol in the presence of — and with the permission of — a parent, guardian or relative of legal drinking age. The New Jersey branch of the National Council on Alcoholism and Drug Dependence published figures showing that in 2001 83 percent of 12th grade students admitted to drinking alcohol and that 33 percent of those had engaged in binge drinking (consuming five or more drinks on one occasion). In direct relation to the proposed new law, the most common source of alcohol for 12th graders is the home (95 percent). Township Attorney Fred Semrau highlighted the fact that the main focus of such a proposal was teenage parties where alcohol is consumed and result in a nuisance to neighbors, and a possible danger to the road by driving while drunk. Semrau said, “I’ve only heard of this being utilized when there is under-aged drinking parties. This ordinance is invoked to bring them under control.” Semrau also advised that West Milford Chief of Police Paul Costello had given his consent to the move, “The Chief called me about it and it seemed liked he was in favor of it,” said Semrau. “It’s often the case that we ask him if he believed that it would assist them and if it’s something they would endorse, and it appears that is the case.” Referring to a recent front page news article, Councilman Joseph Smolinski read from a story of a college student in Philadelphia, Pa., who on Nov. 10 drove while intoxicated and killed both himself and the driver of another vehicle. Smolinski said, “A 20-year-old was at a drinking party and got behind the wheel of a car. He died and the person he hit died. It’s hard to say but possibly if they had this ordinance ... the police might be knocking on his parent’s door but their son might be alive today.” The council agreed unanimously to move forward with the proposal and is likely to pass it into law at the next council meeting. Several neighboring towns already have the law on their local statutes including Kinnelon, Pompton Lakes, Ringwood, Wanaque and Wayne. A state law passed in 2000 (N.J.S.A. 40:48-1.2) permits municipalities in New Jersey to enact an ordinance making it unlawful for any underage person to possess or consume an alcoholic beverage on private property.