TOWN OF WEST NEW YORK COUNTY OF HUDSON ORDINANCE NO. 04/10

Similar documents
New Jersey Libertarian Party

CHAPTER 251 LOITERING OR PROWLING PROHIBITED

CHAPTER 6 CONDUCT. Part 1. General Provisions

July 8, Peter J. Jimenez, President Perth Amboy City Council 260 High St Perth Amboy, NJ (via Fax to )

TOWN OF WEST NEW YORK COUNTY OF HUDSON, STATE OF NEW JERSEY ORDINANCE #35/17

BOROUGH OF OLD TAPPAN ORDINANCE NO

CITY OF HEMET Hemet, California ORDINANCE NO. 1850

FLOWERY BRANCH CITY COUNCIL AGENDA REQUEST

ORDINANCE NO WHEREAS, the Borough of Berlin, by Ordinance No. 101, enacted August 17, 1943, established a curfew for minors; and,

SHEWSBURY BOROUGH YORK COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE

February 13, The relevant part of the Senator Byron M. Baer Open Public Meetings Act states

ORDINANCE Seaside Heights, County of Ocean, and State of New Jersey, as follows:

ORDINANCE NO AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 66, (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (CURFEW FOR MINORS)

NEW BUSINESS Agenda Item No. : 8b CC Mtg. : 7/12/2005

THE CODE OF ORDINANCES

ORDINANCE NO. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA: Permitting or Encouraging Underage Drinking

ORDINANCE NO

ORDINANCE NO EAST BETHLEHEM TOWNSHIP WASHINGTON COUNTY, PENNSYLVANIA

AGENDA REPORT. Meeting Date: August 18, Item Number: E 1. To: Honorable Mayor & City Council. From: Laurence S. Wiener, City Attorney

ORDINANCE NO BE IT ORDAINED, by the Municipal Council of the Township of Denville, in the

ORDINANCE No THE COUNCIL OF THE CITY OF SOUTH FULTON HEREBY ORDAINS as follows:

CITY OF LOWRY CROSSING, TEXAS ORDINANCE NO. 262

New Jersey Libertarian Party

VILLAGE CODE; CONTENTS, INTERPRETATION AND EFFECT VILLAGE OF MANCELONA, MICHIGAN Chap eff. May 23, 1960

THE COUNCIL OF THE CITY OF WATERVLIET LOCAL LAW NO. 6-I FOR THE YEAR 2017 ***************************************************************************

HARVEY CEDARS, NJ Friday, September 2, 2016

ORDINANCE NO XXX

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES SO ORDAIN AS FOLLOWS:

New Jersey Libertarian Party

TOWNSHIP OF WALL ORDINANCE NO ORDINANCE REGULATING THE PLACEMENT AND USE OF CHARITABLE CLOTHING BINS

Subject: Amending the Martinez Municipal Code Title 8, Health and Safety, and Title 9, Public Peace, Morals and Welfare

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

ORDINANCE NO

BOROUGH OF EPHRATA Lancaster County, Pennsylvania ORDINANCE NO. 1536

ORDINANCE Borough of Metuchen County of Middlesex State of New Jersey

ORDINANCE NO

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

GENERAL PROVISIONS GP 1

Ordinance Regulating "Curfews for Minors" Law Nelson County, Kentucky

OF LYNN In City. City shall mean the City of Lynn, in the county of Essex, and the Commonwealth of Massachusetts.

ORDINANCE NO ~

771 DISSEMINATING INDECENT MATERIAL TO MINORS; PRESUMPTION AND DEFENSE

ORDINANCE NO. O

AN ORDINANCE OF THE CITY OF LA HABRA, CALIFORNIA REPEALING AND REPLACING SECTIONS AND OF CHAPTER 18.

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINDED BY the City Commission of the City of Cocoa Beach, Florida:

BOROUGH OF ST. CLAIR SCHUYLKILL COUNTY, PENNSYLVANIA ORDINANCE NO. BE IT ENACTED AND ORDAINED BY THE Borough Council of the Borough of St.

ORDINANCE NO

CHAPTER 6 CONDUCT. Part 1 Disorderly Conduct Prohibited. Part 2 Establishment of Curfew. Part 3 Prohibiting Discharge of Firearms or Similar Device

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Public hearing to adopt Ordinance 1375 C.S. amending Title 15, Buildings and Construction, of the Martinez Municipal Code

FILE OF THE CITY CLERK ADMINISTRATION ORDINANCE NO (AS AMENDED) ADMINISTRATION BILL NO INTRODUCED SEPTEMBER 11, 2018

ORDINANCE NO BE IT ORDAINED by the Board of County Commissioners of. known as the Alcoholic Beverages Ordinance is to regulate the

ORDINANCE NO. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

TITLE 11 MUNICIPAL OFFENSES 1 CHAPTER 1. ALCOHOL. 2. OFFENSES AGAINST THE PEACE AND QUIET. 3. MISCELLANEOUS. 4. MISDEMEANORS OF THE STATE.

(First published in The Wichita Eagle, on ) ORDINANCE NO.

OCONEE COUNTY SHERIFF S OFFICE

ORDINANCE NO. 980 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:

ORDINANCE NO WHEREAS, pursuant to the Second Class Township Code, 53 P.S and 66529,

DEALING WITH UNAUTHORIZED & PROBLEMATIC VISITORS

NUISANCE ABATEMENT PROCEDURE

TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO P&Z

i. _, - ORDINANCE NO

THE CITY OF BEMIDJI DOES ORDAIN AS FOLLOWS:

BOROUGH OF NEWVILLE CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO

ORDINANCE WHEREAS, in all other respects Chapter 125 entitled Mercantile Licenses shall remain in full force and effect.

Chapter 6. Conduct. Part 1 Discharge of Firearms and Launching of Other Missiles. Part 2 Public Property

TOWNSHIP OF TABERNACLE ORDINANCE

EMERGENCY ORDINANCE NO. 1636

CHAPTER 23 - GENERAL ORDINANCES RULES OF CONSTRUCTION

.. ' ORDINANCE NO

BOROUGH OF FLORHAM PARK ORDINANCE # 15-21

(Published in the Tulsa World,

TITLE 11 MUNICIPAL OFFENSES 1

purpose of regulating electronically amplified loud and raucous noise within the City of Santa Ana.

debris and waste generated from both residential property and commercial property exists within the county; and

TITLE 8 ALCOHOLIC BEVERAGES1

AUGUSTA CHARTER TOWNSHIP WASHTENAW COUNTY, MICHIGAN ORDINANCE NO Noise Ordinance

Agenda Item A.2 CONSENT CALENDAR Meeting Date: June 16, 2009

CITY OF LOMPOC ORDINANCE NO. 1583(12)

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

CHAPTER 25 GENERAL PROVISIONS

STAFF REPORT. MEETING October 24, City Council. Adam McGill, Chief of Police. PRESENTER: Michael Howard, Patrol Lieutenant

TITLE 11 MUNICIPAL OFFENSES 1

Bladen County Noise Ordinance

Chapter 71 PEACE AND GOOD ORDER. ARTICLE I Miscellaneous Provisions. ARTICLE II Disorderly Behavior

ORDINANCE NO R

WHEREAS, Part 10, Chapter 2, Section requires that a Special Use Permit be obtained to operate a school, private or special; and

ORDINANCE NO. 19. WHEREAS, the Teller County Sheriff s Office is the appropriate agency for enforcement of this Ordinance; and

BOROUGH OF MANVILLE ORDINANCE NO

AN ORDINANCE TO AMEND CHAPTER 189 OF THE MUNICIPAL CODE OF THE CITY OF REHOBOTH BEACH, DELAWARE, 2001, RELATING TO NOISE.

Mayor and Town Council Town of Friendsville

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

ORDINANCE No.: BOH

TITLE 9 BUSINESS REGULATIONS AND LICENSING BUSINESS REGULATIONS AND LICENSING 1

CITY OF YORKTON BYLAW NO. 22/2018

ORDINANCE NO. 49. BE IT ORDAINED by the Council of the Borough of Indian lake, Somerset County,

BOROUGH OF ELMER, COUNTY OF SALEM, NEW JERSEY ORDINANCE NO

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

Transcription:

TOWN OF WEST NEW YORK COUNTY OF HUDSON ORDINANCE NO. 04/10 An Ordinance Repealing Chapter 245 of the Code of the Town of West New York entitled: Loitering Whereas, loitering prohibitions except in a few narrow cases are invalid under New Jersey State Law, see State v. Crawley, 90 N.J. 241 (1982); and Whereas, the ills sought to be avoided by the language of Chapter 245 of the Code of the Town of West New York entitled: Loitering are effectively dealt with by other statutes or ordinances of the Town; and Whereas, for the foregoing reasons the Board of Commissioners is of the opinion that the repeal of Chapter 245 of the Code of the Town of West New York entitled: Loitering will aid in the efficiency of law enforcement activities in the Town by eliminating any unnecessary confusion engendered by the continued inclusion of Chapter 245 in the Code of the Town of West New York; NOW THEREFORE BE IT ORDAINED by the Mayor and Board of Commissioners of the Town of West New York, County of Hudson, as follows: Section 1. Chapter 245 of the Code of the Town of West New York entitled: Loitering is hereby repealed. Section 2. All ordinances and parts of ordinances which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance. Section 4. This ordinance shall take effect immediately upon final passage, approval, and publication as required by law. Introduced: 3/17/10 Adopted: 4/21/10

New Jersey Libertarian Party Preempted Ordinance Repeal Project John Paff, Chairman P.O. Box 5424 Somerset, NJ 08875-5424 Phone: 732-873-1251- Fax: 908-325-0129 Email: lpsmc@pobox.com February 16, 2010 Hon. Silverio A. Vega, Mayor and Members of the West New York Town Council 428-60th Street West New York, NJ 07093 (via e-mail only to criccie@westnewyorknj.org ) Dear Mayor Vega and Council members: I write, both individually and in my capacity as Chairman of the New Jersey Libertarian Party s Preempted Ordinance Repeal Project, seeking review and repeal of Chapter 245 (Loitering) of the Town Code. Attached are five (5) pages of exhibits: A public notice showing that the Town of Guttenberg repealed its loitering code on January 25, 2010. (Exhibit page 1) Guttenberg s loitering code, as it existed prior to its repeal. (Exhibit pages 2 & 3) West New York s present loitering code. (Exhibit pages 4 & 5) Loitering prohibitions are, except in a few narrow cases 1, invalid in New Jersey because the Legislature, when enacting the Criminal Code in 1979, specifically declined to include a loitering prohibitions within the Code. The Legislature was concerned that vagrancy and loitering statutes have long suffered from constitutional infirmity and have been criticized as inviting official harassment and discriminatory enforcement. See State v. Crawley, 90 N.J. 241, 247 (1982). It follows, therefore, that no municipality, such as West New York, is allowed to locally prohibit loitering or vagrancy when the Legislature has decided to decriminalize them. Id. at 251. When we presented a similar argument to Guttenberg s Mayor and Council, they responded by consulting their attorney and repealing their loitering provision. If you compare Guttenberg s and West New York s loitering provisions, you will find that even though they are not identical, they are substantially similar. Given that Guttenberg opted 1 There are two specific loitering statutes: N.J.S.A. 2C:34-1.1 (Loitering for the purpose of engaging in prostitution) and N.J.S.A. 2C:33-2.1. (Loitering for purpose of illegally using, possessing or selling controlled substance.)

to repeal its loitering ordinance, it would seem to be prudent for West New York Mayor and Council to at the very least review Chapter 245. Would you please direct your Town Attorney to review Chapter 245 and render an opinion on its validity? Thank you for your attention to this matter. We look forward to hearing from you. Sincerely, John Paff 2

TOWN OF GUTTENBERG ADOPTION OF ORDINANCE Public Notice Published 02/12/10 The foregoing ordinance/ordinances was/were introduced at a Regular Meeting of the Governing Body of the Town of Guttenberg held on January 4, 2010 and was/were read for the first time. This ordinance was / were read for a second time and was voted upon and adopted on a Regular meeting held on January 25, 2010. A copy of this ordinance is posted on the bulletin board in the Municipal Building. ORDINANCE #001-10 RESCINDING CHAPTER 3 SECTION 2 LOITERING OF THE GENERAL ORDINANCES OF THE TOWN OF GUTTENBERG, COUNTY OF HUDSON, STATE OF NEW JERSEY ORDINANCE #002-10 RESCINDING CHAPTER 3 SECTION 16 DISORDERLY PERSONS OFFENSEOF THE GENERAL ORDINANCES OF THE TOWN OF GUTTENBERG, COUNTY OF HUDSON, STATE OF NEW JERSEY This Ordinance shall take effect immediately upon final adoption and publication according to law. ALBERTO CABRERA ACTING TOWN CLERK West New York - Page 1 of 5

West New York - Page 2 of 5

West New York - Page 3 of 5

245-1 Definitions. Town of West New York Code Chapter 245 regarding Loitering As used in this chapter, the following terms shall have the meanings indicated: LOITERING Remaining idle in essentially one location, and shall include the concept of spending time idly, loafing or walking about aimlessly or consuming an alcoholic beverage in a public place and shall also include the colloquial expression "hanging around." Standing or speaking in a reasonable, orderly, lawful manner shall not be included in the "loitering" hereafter dealt with. PUBLIC PLACE Any place open to common public use or access by persons, including but not limited to any street, sidewalk, highway, road or alley; or a hallway, lobby, roof, basement or office of a public building; or a hallway, stairway, roof, basement or vacant apartment of a public housing residential project. It shall also include the front or the vicinity of any such public place or of any store, shop, restaurant, tavern or other place of business and parking lots used in connection with business establishments and public grounds, areas, parks, lots or other vacant private property not owned by or under the control of the person charged with violating this chapter. 245-2 Failure to comply with order of police officer; certain types of loitering prohibited. A. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or likely to cause any of the conditions enumerated in this section, he shall, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section. B. No person shall loiter in a public place in such manner as to: (1) Clearly cause an immediate, actual, physical, violent reaction from a reasonable person, which violent reaction will cause a threat to the peace and order of the public. West New York - Page 4 of 5

(2) Obstruct the free passage of pedestrians or vehicles. (3) Obstruct, molest or interfere with any person lawfully in any public place as defined in 245-1. (4) Cause excessive noise or disorder so as to interfere with the sleep or peace and quiet of any person or neighborhood. (5) Remain idle in essentially one location within 1,000 feet of an elementary or secondary school during normal school hours, unless such person is a registered student of the said school, a parent of said student, teacher, faculty member or public official or police officer in the school that is located within the said 1,000 feet. For purposes of this subsection, if a police officer orders a person to leave this location, pursuant to Subsection A of this section, and that person returns to the immediate vicinity that they were warned to leave within a seven-hour period from the time that they are warned to leave by the police officer, they shall be guilty of a violation of this chapter. The exclusion in the definition section which allows standing or speaking in a reasonable orderly, lawful manner as not being included in the term of loitering dealt with in this chapter shall not apply to this Subsection B(5), given the limited scope of this subsection and the issues of public safety and welfare that are being addressed by this subsection. 245-3 Offensive remarks. No person shall make unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made. 245-4 Parent or guardian to be notified of violation by minor. Whenever any minor under the age of 18 is charged with a violation of this chapter, the Chief of Police shall notify the parent, guardian or other person having custody of such minor of such charge. 245-5 Violations and penalties. Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I. West New York - Page 5 of 5