Crime & Safety

Kinnelon Council Considers Underage Drinking Ordinance

Police chief asks for ordinance to be able to charge underage drinkers for drinking or possessing alcohol on private property.

The will be voting on a resolution to adopt a borough ordinance intended to impose stricter limitations on underage drinking in the borough during its next meeting Thursday.

Kinnelon Police Chief John Finkle spoke to the council during a work session meeting Thursday about the current limitations of the department, whereas police are not able to charge underage drinkers if they are drinking on private property. Finkle was joined by Lt. John Schwartz, Ptl. Chris Mucci and Ptl. Nicholas Cifelli.

Watch the chief's remarks in the video above.

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The chief told the council that the borough currently does not have an ordinance that allows underage drinkers to be charged for possession or consumption of alcohol on private property. Two weeks ago, the chief said, this when police charged some juveniles who were in possession of or who had consumed alcohol at a house party because they were standing on the street, on public property, but others could not be charged because they were on private property at a home.

"What I'm asking for is a borough ordinance so that we can charge these juveniles under our ordinance for consumption and possession of alcohol on private property," Finkle said.

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"Why can't you charge somebody that's on private property that may be outside with possession of alcohol if they're underage?" Councilman Ron Mondello asked the chief. Lt. Schwartz responded that since private property is not listed in the statute of the ordinance on file, it is not enforceable to charge an underage drinker on private property.

The council appeared to be in favor of the ordinance, although Councilmen Mondello and Stephen Cobell were concerned with the possibility that a juvenile, or underage drinker, could lose their driver's license for up to six months if found guilty.

"If this kid makes the mistake and you write him up for the borough ordinance, he's going to lose his license for six months. I think thats pretty harsh for somebody that, maybe, first time has got a bottle of beer in his hand," Mondello said. 

But Borough Attorney Mark Madaio determined the loss of license would be at a judge's discretion for the charges associated with the ordinance.

"The situation we're getting into is when the officers pull up to the house and there's 20 [to] 30 kids scattering," Finkle said.

Finkle also said that he believes the ordinance could help save lives as early intervention may prevent an underage drinker from continuing to drink and experiment with drugs later.

"We have to understand, alcohol is extremely dangerous. Now you have teenagers who may not be driving, but diving into a shallow pool, breaking their necks," said Councilman Gary Moleta. "It may teach the rest of them, 'Hey, I can't do this in this community because it's not healthy and I may be endangering somebody else."

The fine for the associated charge would be $250 for a first offense. Cases involving juveniles would be heard in Morris County court, but cases of individuals over 18 would be heard in Kinnelon Municipal Court.

The council will be voting on the ordinance at its next meeting Thursday.


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