JACKSON – Residents have expressed concern about the sudden enforcement of an ordinance whose purpose is to keep Jackson’s streets clear of obstructions.
Those concerns came to the attention of the public on Aug. 22, when Township Council members introduced an amendment to a municipal ordinance which states that “no person shall encumber or obstruct any street or public place with any article or thing whatsoever.”
A public hearing has been scheduled during the council’s Sept. 12 meeting. Members of the public may comment at that time and council members could vote to adopt the ordinance following the public hearing.
Township Attorney Jean Cipriani described the existing ordinance as “antiquated” because it refers to Jackson’s previous form of government, a Township Committee, and not to the present form of government, a Township Council.
The ordinance states that the Township Committee could provide a waiver from the municipal law that prohibits obstructions in public places.
Council members said they are attempting to bring the ordinance up to date and to address issues associated with the law once that has been accomplished.
During public comment, resident Roger Pipher told council members he received a notice from the township in the mail directing him to remove a portable basketball hoop at the curb of his home.
Pipher said he was informed he could face a fine of up to $1,000 if he did not remove the basketball hoop within 10 days.
“My son uses (the basketball hoop) all the time, so to get a violation in the mail that tells me I am going to go to jail or pay a $1,000 fine if I do not remove it and then (the ordinance) says you guys (council members) are going to give me permission to do that,” he said.
“We talk about the drug problems we have in Ocean County and we are trying to keep kids in a good place, and we have no place for them to go and we are going to take (a basketball hoop) away from our house,” Pipher said.
Council President Ken Bressi said the first step in improving or changing the existing ordinance was the action that was taken on Aug. 22.
Cipriani said the notice of violation itself does not mean Pipher will be subject to any penalties because no summons has been issued.
Resident Mordechai Burnstein told the council he is concerned the ordinance will impact a portion of Jackson’s Orthodox Jewish community as it seeks to establish an eruv.
An eruv is an area enclosed by a wire boundary that symbolically extends a Jewish household into a public area and permits certain activities that are prohibited on the Sabbath to occur in the public space as if it were a home.
The wires that mark the boundary of the eruv are often placed on utility poles that are on public property.
Burnstein said he contacted municipal officials in July to inquire about creating an eruv in Jackson.
“We reached out to the utility companies (to ask) if we could construct an eruv in Jackson. If there are different neighborhoods that are looking to make an eruv, would we be able to construct an eruv? We are not looking to make a fight, we are looking to do it in a way with community dialogue,” Burnstein said.
Burnstein said he received a response that referred to the ordinance. He said he was told his request for an eruv should be presented in writing to the council.
Bressi confirmed he had received emails regarding an eruv and he noted the uncertainty Jackson is facing regarding the ordinance that was the topic of conversation that evening.
Resident Yoseif Schwartz spoke about how he believes the ordinance affects a basketball hoop and an eruv.
“I knew these notices went out. I do not have a (basketball hoop) up yet, but seeing people get up and realistically say they are receiving notices for $1,000 or the threat of $1,000 to remove a basketball (hoop) is, to me, a direct threat of everything I dreamed of when I bought my house,” Schwartz said.
Schwartz said he moved to Jackson so he could live in a cul de sac and so his children could play outside like he did when he was growing up. On a broader scale, he said the township’s enforcement effort is anti-American.
“All you need is an overreaching legislative body and an overzealous enforcer and in this case this (council) would be that. If we find ourselves in a position where someone is getting a $1,000 summons for a basketball hoop, I do not know if there is better example of overreaching (legislation).
“I see this as a bald-faced attempt to stop an eruv and I am not talking about broader eruvs that (would) cover miles of land. I am talking about my block and the consequences of this proposal,” Schwartz said.
Bressi said the ordinance relating to obstructions being placed on public property was not enacted by anyone who presently serves on Jackson’s governing body. He said the purpose of the law is to keep streets clear of obstructions so plows can clear snow.
“The mayor decided at this point, after complaints he received, to enforce it. This council has had nothing to do with that enforcement,” Bressi said.
