Public Addresses Council on Underage Drinking Ordinance

Nearly a dozen residents spoke about a proposed underage drinking ordinance the is considering during a special meeting Tuesday, some expressing favorable opinions while others speaking against the measure.

The ordinance, which would impose penalties on those who are underage and are caught drinking or in possession of alcohol on private property, was introduced in May. Under the ordinance, if a person who is under 21 years of age is found to be drinking or possessing alcohol on private property, they could face a fine starting at $250 and increasing depending on the number of offenses. Additionally, a judge could suspend or revoke the person's driver's license if the offense is in relation to a motor vehicle.

Currently, an underage drinker can be penalized for drinking or possessing alcohol on public property. Still, police are able to enter private property if they have reason to believe underage drinking is ocurring. Those who supplied the alcohol on private property are penalized. When police find underage drinkers on private property, parents are called to pick them up.

Kinnelon resident Daniel Pollovina said he is in favor of the ordinance because he feels that imposing the fine could curb underage drinking by forcing parents to become more involved in their child's behavior.

"Maybe the $250 will force some folks to have discussions with their children," he said.

But resident Lila Helu said she considers the ordinance "an invasion of privacy" and said parents should have discussions with their children about alcohol consumption, regardless of whether there is an ordinance in place.

"I think instead of hitting the children and making the children enemies of the police, I would prefer to see the children feel like I do to the police and get to the parents and teach the parents. It's really a parents problem," she said.

Ammany Jafar, 26, the sister of Mayada Jafar, the 15-year-old Kinnelon girl who was killed, along with her cousin, by a drunk driver in 2006 while walking on Kinnelon Road, spoke in favor of the ordinance at the meeting and said that while the ordinance may not have changed the tragedy that struck her family, it could make a difference in someone else's life. Jafar said that alcohol problems can begin when a person is young but carry on to their adulthood.

"The man that killed my sister and cousin when they were walking, he's an alcoholic. He's in his 40's," she said.

But Nelson Helu sees the ordinance as a way for government to control residents' lives.

"I'm not willing to give up my freedom for security, especially with what's going on in government today," he said.

Responding to remarks from Councilman Gary Moleta and Kinnelon Police Chief John Finkle that even if the ordinance helps protect one life, it is worth it, Helu argued that it is not enough of a reason for government to become involved.

"People say, 'Well, if it stops one person, it's worth it.' I can guarantee a way to stop all automobile accidents-stop people from driving," he said.

Finkle said the police department is not looking to become more invasive in residents' private lives, and that the ordinance, if adopted, would not prompt officers to do random house checks to see if underage drinkers are drinking.

"This doesn't prohibit you if you want to have a beer or a glass of wine with your child," he said. "We're not taking your parental right away from you. This is really to prevent the parties. We're not trying to make a law, as far as the punishment. We're trying to enforce something that we have seen that's a problem in the community."

Earlier in the meeting, Moleta said allowing underage drinkers to drink is an issue of family values.

"We don't realize that alcohol, which has been legal for decades, has become part of our family values. But guess what, it's a drug," he said. "The earlier our kids start to drink, the more profound an effect it has on human development."

Moleta, who has worked as a school teacher and narcotics officer for the Fort Lee Police Department, said that alcohol-related incidents are among the leading causes of death in the country and that several local municipalities, including Mountain Lakes, Boonton, Wanaque and Wayne, have enacted similar ordinances.

"I just want to make our lives better in this community, for all of us, and I just want to make it safer," he said.

Councilman Jim Freda said he was "on the fence" about the ordinance before hearing from the public.

"I don't believe that giving a child a fine is going to make that child not drink anymore or not do things wrong," he said.

After the meeting, Freda said he had a lot to consider, but that he is still concerned about the fine consequence.

Councilman Stephen Cobell also said that he was unsure of how he felt about the ordinance, but was eager to hear from the public.

"I've been on the fence about this ordinance, not because I doubt that any of the problems that Councilman Moleta mentioned exist," he said, adding that he would like to see how, on a daily basis, the ordinance would help curb these problems. Cobell said he would like to see a provision added to the ordinance that would allow the council to revisit the ordinance within the next year.

After the meeting, Cobell said he has gained a greater appreciation for the way the public is viewing the consequence element of the ordinance, and that it appears as though the public is more favorable than he had initially thought of that component.

Councilman Andrew SanFilippo said he does not agree with the fine that would be associated with a first offense, but that, instead, he would like to see the penalty include community service.

"If my son gets hit with a $250 fine, unless they give him a job over at the dump, I guess I'm paying for it. So, I personally would rather him have 250 hours of community service," he said.

Councilman Ron Mondello said he would simply like to look into the ordinance further and more closely examine why there is not a state statute that allows police to penalize underage drinkers on private property.

"Let's face it, none of us up here are for underage drinking. Everybody is for public safety," he said. "I'm an attorney. It's my nature to look under the rock."

Mondello echoed the sentiments of several residents and said that he would like to see voting on the ordinance postponed so that the council could gain further input from the public. Mayor Bob Collins said the council is expected to vote on the ordinance at its regular meeting on July 21, but that he would consult the council during their workshop meeting Thursday about postponing the vote.

Collins thanked the public for their input and for giving up vacation time to attend the meeting.

"We're not going to solve a societal issue tonight," he said.

The council will meet Thursday at 6:30 p.m. in the conference room at the municipal building on Kinnelon Road.