Underage Drinking in Homes Could Bring Penalties

Madison's governing body has unanimously introduced an ordinance that would prohibit underage drinking on private property and set penalties, including fines and the possible suspension or postponement of driving privileges, for those caught violating the proposed law.

Currently, police only are able to file criminal charges against anyone found drinking underage on public property, officials said.

The proposed law, which would result in consequences, but not criminal records, makes it illegal for those underage to knowingly possess or consume any alcoholic beverage on private property. The law would allow exceptions for religious observances and for instances where the drinking occurs with the presence and permission of a parent, relative or guardian who is at least 21 years old.

Councilman Rob Catalanello said he was concerned the law might open Madison to additional liability from 4th Amendment violation claims, and he wants to be sure the law would be applied equally to all children in the borough. Borough attorney Matthew Giacobbe said there is not additional liability and police would be trained to properly apply the law.

Judge Gary Troxell said he has worked with the ordinance in other municipalities, and has never taken away driving privileges. He said Florham Park has used the law for underage drinking cases at Fairleigh Dickinson University, and that it could be used in Madison for instances at Drew University.

The law calls for a $250 fine for first offenses and a $350 fine for subsequent offenses, and the judge also can suspend a defendant's driving privileges for up to six months.

Troxell said the main benefit to the law is bringing defendants and their parents to court so parents are aware of the underage drinking.

A public hearing and final vote on the law is scheduled for April 22.