Boro mulls measures to curb underage drinking
Ordinance would give police the right to enter a private home
BY MELISSA KARSH Staff Writer

TINTON FALLS - The Borough Council will continue to workshop two ordinances involving the consumption and purchase of alcohol by underage persons at the November or early December council meetings.

One of the ordinances being drafted addresses underage drinking on private property and would allow police to enter a private home if underage drinking is involved.

The other ordinance that targets tracking of beer keg purchases, first appeared on the workshop agenda Oct. 2.

"Clearly the reason we are looking for an ordinance like this is to give us an opportunity simply to save lives," said Tinton Falls Police Chief Gerald Turning when he appeared in front of the council Oct. 18.

The Tinton Falls Police Department requested that the Borough Council revisit the ordinances since they had not been discussed since 2000.

Turning said while neither of the issues discussed in the ordinances were of great concern in Tinton Falls, officers would be better equipped to do their jobs armed with the ordinances.

"If I'm given the opportunity to go onto a piece of property by ordinance, I'd sure like that opportunity," said Turning.

When the ordinances were discussed at the workshop, Councilman Gary Baldwin was the only council member who supported the idea.

"I think we need this, I think it is a necessary tool for police," said Baldwin.

Council President Michael Skudera has said previously that he was not in favor of either ordinance and suggested that council further workshop the ordinances to hammer out the particulars.

"With the first one, I just think it would make government too intrusive, and the second about the beer keg, I think that's something that should be debated by the state," said Skudera Oct. 18 of the two ordinances.

That was the same sentiment he expressed at the Oct. 2 meeting and when the ordinances were brought up again more recently at the Oct. 16 meeting.

The particulars include the types of penalties that would result from a violation of the ordinances and creating a tagging system to identify where a keg was purchased.

Turning's comments appeared to convince Councilman Paul J. Ford, who also said he is in favor of the ordinance Oct. 18.

"The two that the chief recommended I'm in support of that," said Ford of the two underage drinking ordinances.

Council members were particularly concerned with the penalty the ordinances would carry if a violation occurred.

"I just don't want to ruin a kid's life because of being stupid," said Councilman Duane Morrill. He and Councilman Brendan Tobin had previously recalled the days of their youth when it was up to their parents to regulate underage drinking in the home.

Chief Turning assured council members that the reason to pass the ordinances was to avoid minors having criminal records in favor of a lesser penalty.

"What this ordinance does is it provides a municipal ordinance violation for underage drinking rather than having to use the 2C municipal code violation and it allows the municipal judge some discretion in sentencing," explained Borough Attorney James Berube Monday.

Another objection raised by Skudera pertained specifically to the keg ordinance and he questioned whether it would work for Tinton Falls.

"If one town does it and the neighboring towns don't, it's not too effective," said Skudera.

Turning agreed that the system of "a simple tagging of a keg" would not be foolproof and would be used to help with other towns where underage drinking is more prevalent.

He said the ordinance would "give the shore communities and college towns a way to save lives."

"The idea behind this is very, very simple. All of you see the accidents that are happening on the roadways today. The deaths and fatalities," said Turning.

Turning said the deaths caused by underage drinking could be prevented by stopping youths from drinking alcoholic beverages when they are at home and then preventing them from getting behind the wheel of a car and driving drunk.

"We can prevent that by simply entering onto that property, taking the necessary police action, even if that means a municipal violation," said Turning.

He added, "Just to keep those children, those people underage, from criminal charges - that is the intent of that ordinance."