UPDATED 11/26/2008 -- In disregard for the rights of Millstone citizens, the Millstone township committee has introduced an ordinance strengthening their current "Peace and Good Order" chapter of their municipal code. At their upcoming December 3rd meeting the committee shall be voting to change their code to:
Remove the definition of a disorderly person. Currently its defined as "all vagrants, vagabonds, common drunkards, common thieves, burglars or pickpockets, common nightwalkers, common prostitutes, common procurers and common drug addicts."
Changes the definition of loitering to include anyone at all. It currently specifically states that they must either be drunk or causing a disturbance. The proposed change crosses out a line so that it could include anyone at all.
It is the opinion of the NJ Libertarian Party Preempted Ordinance Repeal Project that Millstone's current "Peace and Good Order" ordinance is invalid. We have successfully had ten municipalities repeal their loitering ordinances. For an overview see the page on loitering.
The NJLP Preempted Ordinance Repeal Project has sent a letter to the township committee notifying them of the problems with their ordinance. See the letter and a copy of their proposed changes HERE.
UPDATE: The Millstone Township attorney has replied to the letter. In it he agrees that the provision "will probably no longer survive constitutional challenge." See the attorney's letter and the NJLP response.