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.
Coverage of the ordinance and the work of the Project can be found at The Press of Atlantic City, and on NJ.com. Below is John's letter.
December 2, 2014
Hon. James Brown, Mayor and members of the Mullica Township Committee
Tracy Siebold, Township Solicitor
Dear Mayor Brown, Committee members and Solicitor Siebold:
Attached is an unpublished Appellate Division decision that invalidated a Glassboro ordinance that is very similar to Mullica's "House of Ill Repute" provision that is proposed to be enacted on December 9, 2014 as part of Ordinance No. 13-2014. Beyond this provision, the "Offensive Acts" provision (170-4) appears to be preempted by Chapter 33 in Title 2C of the New Jersey Statutes while "Acts Which Affect the Quality of Life" provision (170-7) appears to be void due for vagueness.
Would the Township please reconsider enacting this ordinance?
John Paff, Chairman
New Jersey Libertarian Party's
Preempted Ordinance Repeal Project
P.O. Box 5424
Somerset, NJ 08875