30 minutes ago
08/25/2008
MIDDLESEX BOROUGH —The Borough Council will discuss rescinding its sex offender residency law tonight, a month after a state appeals court ruling last month rendered such laws unenforceable.
The council will discuss its next step during an agenda meeting set for 7 p.m. at Borough Hall, 1200 Mountain Ave. The meeting will be followed by a regular council meeting.
Last month, a state appeals court struck down laws in Cherry Hill and Galloway that barred convicted sex offenders from living within 2,500 feet of areas - such as parks and schools - where children might congregate. Middlesex Borough has a similar law, passed in 2006, that made it illegal for a convicted sex offender to live within 1,000 feet of a park, school, playground or day care.
The court said that Megan's Law, a state law that requires convicted sex offenders to register their addresses with law enforcement officials, was comprehensive and preempted local laws like the ones in Galloway and Cherry Hill.
Mayor Gerald D'Angelo said the court's decision left the borough with little choice.
"The court's ruling really kind of stated that what's in effect from the state pretty much takes care of everything," he said. "We didn't have a problem before we passed the ordinance so I don't foresee a problem coming in the future."
As part of Megan's Law, sex offenders' addresses are publicly accessible through an online database. A search of that database yesterday afternoon revealed that no convicted sex offenders are listed as having a Middlesex Borough address.
D'Angelo said he did not believe his borough's law had ever "come into play."
At least three other Middlesex County municipalities have similar laws — Carteret, Sayreville and Spotswood. Officials from the latter two municipalities have said they would consider rescinding their ordinances as well.
Deborah Kole, staff attorney for the New Jersey State League of Municipalities, said all such laws are now unenforceable, but she said the formal act of rescinding the laws could still have value.
"As long as an ordinance is on the books there's always the danger of a miscommunication and someone enforcing it," she said.
D'Angelo said the council would discuss the matter tonight, but may not vote on rescinding it yet. Borough attorney Ed Johnson is out of town and is not expected to attend the night's meeting.
Ironically, the sex offender residency law is not the only now-unenforceable law the borough will consider rescinding tonight. The council will also discuss a 2006 law that governed the removal and replacement of trees in the borough. A similar law in Jackson has been overturned by an appeals court. The state Supreme Court is expected to hear arguements in that case next month.
Jared Kaltwasser can be reached at 908-707-3137 or jkaltwasser@mycentraljersey.com.
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