The New Jersey Libertarian Party's Preempted Ordinance Repeal Project (“the Project”) seeks to get New Jersey municipalities to repeal loitering ordinances that should have been -- but were not -- repealed when the New Jersey Code of Criminal Justice was enacted in 1979. The Project has successfully had loitering ordinances repealed in over 30 towns. For a summary listing of all the towns see Preempted Ordinance Repeal Project page.
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Jim Tosone of the New Jersey Libertarian Party's Preempted Repeal Project, the Borough of Park Ridge in Bergen County repealed fifteen sections of its Peace and Good Order code.
On February 15, 2024, following outreach from Kim Skorka of the New Jersey Libertarian Party's Preempted Repeal Project, the Borough of Oceanport in Monmouth County took action to abolish Article 1 of its Peace and Good Order code, which aimed to govern "Disorderly Conduct."
Oceanport's ordinance, like many others of its kind, was outdated and broadly defined. For instance, it included provisions that banned disorderly behavior in public places or even within private residences if it caused annoyance to others. Another part of the repealed ordinance prohibited allowing any premises to be occupied by individuals engaging in noisy, disruptive, or disorderly activities, or by those identified as prostitutes, gamblers, or vagrants.
In response to a request from the NJLP's Prempted Ordinance Project, the Borough of Florham Park has announced its intention on the repeal of its Loitering Code. The invalid nature of their ordinance was pointed out to them way back in 2010.
Attached are the following documents:
Update September 26, 2022 - the Runnemede Borough attorney has agreed that their Disorderly Persons Ordinance should be repealed. Below is the initial letter and the borough attorney's response. For more information on this subject see Loitering Ordinances - Invalid in New Jersey.
From: John Paff
Sent: Monday, August 29, 2022 4:30 PM
Subject: Runnemede Police Department's enforcement of a preempted ordinance.
Dear Mayor Kappatos and Members of the Borough Council:
I write, both individually and in my capacity as Chairman of the New Jersey Libertarian Party’s Preempted Ordinance Repeal Project to request the Mayor and Council ask Borough Solicitor Daniel H. Long to review Borough Code § 265-5 and render an opinion on whether or not it is preempted by the New Jersey Criminal Code.
Because of pressure from the NJLP Preempted Ordinance Repeal Project, the Township of Woodbridge voted on June 10th to repeal their prohibitions against loitering and disorderly conduct.
The full letter sent by the Pre-empted Ordinance Repeal Project to Woodbridge can be found here. The text repealing the ordinance can be found here.
An article covering the repeal can be found on myCentralJersey.com's website.
There are many towns throughout New Jersey that have invalid ordinances on their books. The NJLP Preempted Ordinance Project could use your help in getting these ordinances repealed.
Below are the steps for reviewing the ordinances and determining if they are unconstitutional. Below those steps is a form letter you can tailor and send to the towns with unconstitutional curfews.
Step 1 – Review the town ordinances.
As a result of pressure from the NJLP Pre-empted Ordinance Repeal project three towns are looking to rescind their curfew laws. Thanks to NJLP member and project volunteer Jim Tosone for his work.
Three additional towns have been notified as to the illegality of their ordinances. We are waiting to hear back from Saddlebrook, Northvale, and Moonachie.
Following is my letter to the Cumberland County Prosecutor's Office and Bridgeton City Officials regarding the Bridgeton Municipal Court's continued practice of downgrading statutory violations to a municipal code provision that hasn't been in effect since 2003.
I contacted the Prosecutor's Office regarding the same issue in 2010 and was told that it was resolved. Unfortunately, the superseded code provision is still being used.
April 22, 2015
Jennifer Webb-McCrae, Cumberland County Prosecutor
via e-mail to
Rebecca J. Bertram, Bridgeton City Solicitor
via e-mail to
Marie L. Keith, Bridgeton Municipal Court Administrator
via e-mail to
Dear Prosecutor McCrae and Mesdames Bertram and Keith: