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Law would target teens drinking at residences Police may soon be able to charge underage drinkers at house parties BY VINCENT TODARO Staff Writer
EAST BRUNSWICK - Township officials will consider enacting an ordinance designed to clamp down on underage drinking on private property.
Under current laws, it is difficult for police to charge underage drinkers at a house party or other event that police break up, according to Councilman David Stahl. Recent incidents in the township made officials aware of this issue, and have them concerned there is a problem with underage drinking in town.
One such incident was on Feb. 17 when police broke up a house party on Marshall Road after officers found groups of people congregating outside the house and in the street. Police found large quantities of beer in the house, as well as dozens of juveniles and young adults. Two teenagers were charged with serving alcohol to minors, but some 80 youths between the ages of 15 and 20 who gave their names to police at the scene were not charged.
State statutes only allow for underage drinkers to be punished if they are caught on public or quasi-public property, something that has made it difficult for municipalities to cut down on drinking among teenagers.
Stahl, who is a prosecutor, said the new ordinance would allow police, with probable cause, to enter private property and charge underage drinkers. There will be provisions that allow people under 21 to drink with parents for religious observances or even casually. However, adults cannot supply alcohol to anyone who is not their child.
The fine for a first offense for underage drinking would be $250. Subsequent offenses would be $350, Stahl said. Also, the municipal court judge would have discretion as to whether to suspend the juvenile's driver's license for up to six months. If the person has not yet received a license, the judge can suspend their right to obtain one for six months.
However, pleading guilty to a violation of the ordinance would not result in a criminal record, Stahl said.
Mayor William Neary asked if homeowners would be responsible for what happens at their house while they are away. Stahl responded that a homeowner without knowledge of the party would have no responsibility. However, individuals supplying the alcohol would.
In the past, some towns would use the state statute to prosecute underage drinkers who were caught on private property by downgrading the charge to a municipal offense. However, since the state statute does not regulate underage drinking on private property, the state Attorney General's Office eventually ordered local cities to stop the practice.
Stahl said the state has made it possible, however, for towns to enact ordinances as a way of filling in gaps and loopholes that may exist in state statutes.
Clamping down on underage drinking is important in part because new drivers may not fully understand the effects of alcohol on decision-making and on driving, Stahl said, making note of a recent meeting at East Brunswick High School in which the problem of underage drinking was discussed. School officials and parents attended the meeting.
The township's drug and alcohol alliance was expected to discuss the ordinance last night, Stahl said.
The councilman hopes to see the ordinance on the council's next agenda.
"This will give cops the ability to clamp down on this and save someone's life," he said.
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