Plainsboro teens may soon want to think twice about holding keg parties at their homes while their parents are away for the weekend. An ordinance up for introduction at the Township Committee’s next meeting on Wednesday, March 12, would give Plainsboro Police the authority to enforce underage drinking laws on private property.##M:[more]##
If passed after introduction and public hearing, the township would join neighboring municipalities, including West Windsor, who have similar underage drinking ordinances. Current laws only permit police to enforce underage drinking on public property, like schools, Plainsboro Police Chief Elizabeth Bondurant says.
“”We’ve had problems with underage drinking parties, and really had no legal action to take, so this gives us another course of action,”” Bondurant says. “”Hopefully, we’re going to prevent these parties by having the ordinance, not just enforcing after the fact.””
The ordinance would give police officers the power to investigate the parties and hold underage participants as well as those hosting the parties responsible. That includes the power to actually charge the participants involved in these parties if they are found in possession of, or consuming alcoholic beverages, on private property. Currently, the police can only issue summonses if the drinking takes place on public property. Penalties under that state criminal code include up to six months in prison, a $1,”000 fine, and other penalties, and would appear on a person’s criminal history.
Still, Bondurant says that it doesn’t mean that just because someone is at the party, that he or she will be charged. Those who are drinking, and those who are responsible for the party, however, will be.
Under the proposed township ordinance dealing with private property, violations would not show up on a minor’s criminal history.
And the penalties for underage drinking charge vary. The first offense is a $250 fine and rises to $350 for subsequent offenses. Bondurant says, though, that the municipal judge hearing the case also has authority to potentially issue a six-month license suspension.
“”A license suspension is where you hit the teenagers the hardest,”” Bondurant says. “”It’s the first liberty they have. If you take that away from them, it inhibits their social life.”” And it prevents them from getting around, she added.
Still, she says, police aren’t trying to infringe on anyone’s individual rights and liberties, but rather are “”trying to prevent a potential tragedy or problem that involves underage drinking.””
It also doesn’t mean that police will be barging into someone’s house. If police receive a noise complaint and have probable cause, or believe there is an emergent situation, they can enter a residence, she says. That is determined on a case-by-base basis, she added.
The ordinance, the resolution states, “”would give the police a new tool for dealing with the problem of underage drinking, while observing constitutional principles of probably cause.””
And “”in no way are we trying to infringe upon the rights of residents who may allow their children to drink for ceremonial purposes or religious purposes,”” she added. “”This is not to interrupt the family picnic,”” but rather to target the unsupervised underage drinking that is occurring in many communities in the state.
In fact, the resolution exempts minors from being charged if they are consuming the alcohol “”in connection with a religious observance, ceremony, or rite, or possession or consuming an alcoholic beverage in the presence of, or with the written permission of such person’s parent, guardian or relative who has attained the legal age to purchase or consume alcoholic beverages.”” It also exempts those that possess the alcohol in connection with preparing food while enrolled in a culinary arts or hotel management program or with employment.
When asked if underage drinking parties are a frequent problem occurring in Plainsboro, Bondurant said: “”We have our share, but it’s not more or less than any other town.””
Mayor Peter Cantu echoed this sentiment: “”I think it’s been periodically a problem in all communities and regions in the area. It’s nothing new; the problem’s nothing new.”” The purpose of the ordinance is to just try “”to provide uniformity with regulations in other municipalities.””
Bondurant says the police department brought up the suggestion to the Plainsboro Township Committee, specifically since other municipalities already have similar ordinances passed. Actually, Plainsboro’s ordinance was drafted using and is identical to West Windsor’s.
“”The police department did solicit this ordinance and encourages its adoption because most towns surrounding us have something similar, and to be the one that doesn’t have it might be inviting problems to your town,”” Bondurant explained. “”The kids know who has what laws.””
But police hope the benefits from having the ordinance in place are two-fold. “”Another benefit of this ordinance is to hopefully reduce the number of impaired drivers on the road,”” Bondurant said. “”If there are young people traveling to and from this party, most of them will be in cars.””
“”Prevention is key for us,”” Bondurant added. “”We’re very active in the high school. We’re very active with educating young drivers about the dangers of drinking and driving. Education and prevention really is the key, but this is just an enforcement component that will help us take the appropriate actions should we come across one of these parties.””