In the State of New Jersey, Municipal governments are given powers from the State legislature. If we are not specifically given a power, we can’t legislate it.
Of course, the State can also yank back powers and if the State lege chooses to act differently than a municipality, the local ordinance is superseded and can no longer be enforced. An example of this could be seen in Teaneck’s “hands free phone ordinance” or the “requirement for fences for certain above ground pools”. No matter how wonderful the local population may find the rule, once the State acts in a specific area, the local rules fall.
The question recently came up about whether or not the local “noise” ordinance is enforceable here in Teaneck.
I think this is a good opportunity to share with the public how I look at questions like this, so you can see how the process works out.
First and foremost — what is the ordinance? Continue reading “Do Not Disturb: How to read an ordinance”