Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Allows municipality to establish alcohol-free and cannabis-free areas and to impose civil penalties for violations.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing municipalities to establish alcohol-free and cannabis-free areas and to impose civil penalties for violations thereof, supplementing P.L.2005, c.383 (C.26:3D-55 et seq.) and Title 33 of the Revised Statutes and amending R.S.40:48-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section, "cannabis-free area" means a portion of a municipality, or an area encompassing the entire municipality, within which persons are prohibited from smoking, vaping, or aerosolizing cannabis publicly outdoors.
b. Notwithstanding any other provision of law to the contrary, a municipality, by ordinance, may:
(1) establish one or more cannabis-free areas, permanently or temporarily, within which a person shall not smoke, vape, or aerosolize cannabis publicly outdoors; and
(2) impose civil penalties, in addition to any other penalties required or permitted under law, rule, or regulation, upon a person who smokes, vapes, or aerosolizes cannabis publicly outdoors within a cannabis-free area.
A determination to adopt an ordinance pursuant to this subsection shall be made only after the municipal governing body holds a public hearing on the merits of establishing a cannabis-free area.
2. (New section) a. As used in this section, "alcohol-free area" means a portion of a municipality, or an area encompassing the entire municipality, within which persons are prohibited from carrying open containers of, or consuming alcoholic beverages publicly outdoors.
b. Notwithstanding any other provision of law to the contrary, a municipality, by ordinance, may:
(1) establish one or more alcohol-free areas, permanently or temporarily, within which a person shall not carry an open container of, or consume an alcoholic beverage publicly outdoors; and
(2) impose civil penalties, in addition to any other penalties required or permitted under law, rule, or regulation, upon a person who carries an open container of, or consumes an alcoholic beverage publicly outdoors.
A determination to adopt an ordinance pursuant to this subsection shall be made only after the municipal governing body holds a public hearing on the merits of establishing an alcohol-free area.
c. The sale of alcoholic
beverages for consumption shall be subject to the provisions of Title 33 of the
Revised Statutes, rules and regulations promulgated by the director, and
municipal ordinances.
3. R.S.40:48-1 is amended to read as follows:
40:48-1. Ordinances; general purpose. The governing body of every municipality may make, amend, repeal and enforce ordinances to:
Finances and property. 1. Manage, regulate and control the finances and property, real and personal, of the municipality;
Contracts and contractor's bonds. 2. Prescribe the form and manner of execution and approval of all contracts to be executed by the municipality and of all bonds to be given to it;
Officers and employees; duties, terms and salaries. 3. Prescribe and define, except as otherwise provided by law, the duties and terms of office or employment, of all officers and employees; and to provide for the employment and compensation of such officials and employees, in addition to those provided for by statute, as may be deemed necessary for the efficient conduct of the affairs of the municipality;
Fees. 4. Fix the fees of any officer or employee of the municipality for any service rendered in connection with his office or position, for which no specific fee or compensation is provided. In the case of salaried officers or employees, such fee shall be paid into the municipal treasury;
Salaries instead of fees; disposition of fees. 5. Provide that any officer or employee receiving compensation for his services, in whole or in part by fees, whether paid by the municipality or otherwise, shall be paid a salary to be fixed in the ordinance, and thereafter all fees received by such officer or employee shall be paid into the municipal treasury;
Maintain order. 6. Prevent vice, drunkenness and immorality; to preserve the public peace and order; to prevent and quell riots, disturbances and disorderly assemblages;
Punish beggars; prevention of loitering. 7. Restrain and punish drunkards, vagrants, mendicants and street beggars; to prevent loitering, lounging or sleeping in the streets, parks or public places;
Auctions and noises. 8. Regulate the ringing of bells and the crying of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises;
Swimming; bathing costume; prohibition of public nudity. 9. Regulate or prohibit swimming or bathing in the waters of, in, or bounding the municipality, and to regulate or prohibit persons from appearing upon the public streets, parks and places clad in bathing costumes or robes, or costumes of a similar character; regulate or prohibit persons from appearing in a state of nudity upon all lands within its borders which are under the jurisdiction of the State including, without limitation, all lands owned by, controlled by, managed by or leased by the State;
Prohibit annoyance of persons or animals. 10. Regulate or prohibit any practice tending to frighten animals, or to annoy or injure persons in the public streets;
Animals; pounds; establishment and regulation. 11. Establish and regulate one or more pounds, and to prohibit or regulate the running at large of horses, cattle, dogs, swine, goats and other animals, and to authorize their impounding and sale for the penalty incurred, and the costs of impounding, keeping and sale; to regulate or prohibit the keeping of cattle, goats or swine in any part of th