On March 26, 2024, due to outreach from Jim Tosone of the New Jersey Libertarian Party's Preempted Repeal Project, the Borough of Park Ridge in Bergen County repealed fifteen sections of its Peace and Good Order code.
Park Ridge's code contained the normal prohibitions against loitering, offensive remarks and peaceful solicitation, all of which are either preempted by state law or are unconstitutional. Park Ridge's code, however, went further by establishing a presumption that the parents of minors who "loiter" are themselves criminally liable for their children's actions. However, as the Project pointed out, a similar presumption in Trenton's city code was ruled unconstitutional by the Appellate Division of the Superior Court in 1976.
It is important to rid municipal code books of these vague and unconstitutional code provisions. Their continued existence give cover to police and public officials who seek to harass or intimidate citizens.
The ordinance that nullified these provisions and the Project's communication to the Mayor and Council are accessible online. Additionally, a comprehensive list of all ordinances that have been successfully repealed through the Project is available online.
Anyone willing to help repeal similar ordinances should contact me.
John Paff
Voice: 732-873-1251
Fax: 732-862-4449
e-mail: paff at pobox.com