Preempted Ordinance Repeal Project
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seeks to get New Jersey municipalities to repeal loitering ordinances that should have been -- but were not -- repealed when the New Jersey Code of Criminal Justice was enacted in 1979. The Project has successfully had loitering ordinances repealed in over 30 towns.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.
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- Written by: John Paff
- Category: Preempted Ordinance Repeal Project
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Jim Tosone of the New Jersey Libertarian Party's Preempted Repeal Project, the Borough of Park Ridge in Bergen County repealed fifteen sections of its Peace and Good Order code.
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- Written by: John Paff
- Category: Preempted Ordinance Repeal Project
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Oceanport's ordinance, like many others of its kind, was outdated and broadly defined.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 Another part of the repealed ordinance prohibited allowing any premises to be occupied by individuals engaging in noisy, disruptive, or disorderly activities, or by those identified as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.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
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:
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- Written by: John Paff
- Category: Preempted Ordinance Repeal Project
Update September 26, 2022 - the Runnemede Borough attorney has agreed that their Disorderly Persons Ordinance should be repealed.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.
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- Written by: Webmaster
- Category: Preempted Ordinance Repeal Project
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.
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- Written by: Jim Tosone
- Category: Preempted Ordinance Repeal Project
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.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
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.
- Bergenfield has introduced Ordinance 15-2477 repealing their curfew law. (update: see coverage here)
- Hasbrouck Heights has introduced Ordinance 2236 repealing their curfew. This Ordinance is scheduled to be voted on during the Council meeting on May 12th.
- North Arlington has agreed to introduce an ordinance repealing their curfew.
Three additional towns have been notified as to the illegality of their ordinances. We are waiting to hear back from Saddlebrook, Northvale, and Moonachie.
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- Written by: John Paff
- Category: Preempted Ordinance Repeal Project
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:
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
As a result of a letter from NJLP member and the NJLP Pre-Empted Ordinance Repeal project volunteer, Jim Tosone, the town of Montvale is considering repealing their curfew ordinance. Read about it at northjersey.com.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
The Mullica Township Committee was considering an ordinance banning dressing in clothes meant for the opposite sex, begging, lewd books, houses of ill repute, or any behavior that may have a negative impact on the quality of life of the residents.
The proposed ordinance was not only extremely vague, but would be unconstitutional. John Paff, chair of the NJLP Preempted Ordinance Repeal Project, sent a letter to the township committee pointing out that such an ordinance would be invalid. As a result of this letter and many residents questioning the need for such an ordinance, the Township Committee has tabled the ordinance.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
As a result of a request from the NJ Libertarian Party, the Borough of Paulsboro has repealed Chapter 28, Curfew of the Code of the Borough of Paulsboro.
The repeal passed 5 to 1. Several councilmen stated objections. Councilman Corradetti expressed concern that police wouldn't be able to stop people from congregating on the streets. Councilman Stevenson, the lone no vote, blamed the illegality of loitering ordinances on the ACLU.
The NJ Libertarian Party strongly believes that the police should not have the power to stop people from congregating on the streets at all. All local loitering ordinances in New Jersey are invalid and unenforceable.
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- Written by: Webmaster
- Category: Preempted Ordinance Repeal Project
See the editorial written in support of repealing outdated loitering laws on The Press of Atlantic City website.
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- Written by: Webmaster
- Category: Preempted Ordinance Repeal Project
As a result of pressure from the NJ Libertarian Party's Preempted Ordinance Repeal Project, Manville has repealed three loitering and curfew ordinances.
An article announcing the repeal has been published by The Manville news. A recent letter sent by by committee chair, John Paff to the Borough of Manville is below.
Manville was originally scheduled to repeal this ordinance one year ago.
Does your town have an outdated ordinance? If so contact us and we will see what we can do.
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- Written by: John Paff
- Category: Preempted Ordinance Repeal Project
Hon. W. Jeffery Hamilton, Mayor, and members of the
Paulsboro Borough Council
1211 Delaware Street
Paulsboro, NJ 08066
Via e-mail only
Dear Mayor Hamilton and Council members:
For the reasons that follow, I believe that Chapter 28 of Paulsboro's Code, establishing a juvenile curfew, is unconstitutional and that a person against whom enforcement is sought may have a viable lawsuit against the Borough.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
As a result of a request from the NJLP Preempted Ordinance Repeal Project, the Manville Borough Council has agreed to repeal their Morality Ordinance at their upcoming meeting on August 12th1. This ordinance covers loitering, being drunk, fighting, cursing, trespassing, lewdness, public nudity, annoying a school teacher, cursing at a police officer, and other things. The Manville News covers the story here.
Local laws like this in New Jersey are invalid because the 1978 criminal code preempts local ordinances like this. The 1978 criminal code specifically excluded several acts that were at one time illegal, including loitering, public drunkenness, and some consensual sexual acts.