Criminal History Record Check: Many municipalities have enacted ordinances
providing for criminal history record checks. Chapter 199 of the Laws of
2003 was enacted to bring various state statutes into compliance with
federal law. As part of that act, municipalities were specifically given the
authorization to receive information from the FBI and to enact an ordinance
providing that "an authorized municipal official or officer may request a
criminal history record background check of any person for an official
governmental purpose, including, but not limited to, employment, licensing
and the procurement of services." In addition, the ordinance should also
provide that the person shall submit to being fingerprinted in accordance
with applicable state and federal laws, rules and regulations, and shall
further provide that the official or officer is authorized to exchange
fingerprint data with and receive criminal history record information from
the State Bureau of Identification in the Division of State Police and the
Federal Bureau of Investigation. Local ordinances should be reviewed for
compliance with this new language. Also, if your ordinance specifies a fee,
we suggest that it be amended to match the current state fee or be replaced
by a reference to the current amount charged by the State Bureau of
Identification. See N.J.S.A. 40:48-1.4).
Loitering and Conduct in Public Places: In addition to the preemption of
municipal loitering ordinances, a January 2003 decision of the Appellate
Division of the NJ Superior Court [State of New Jersey (Township of West
Orange) vs. Carl A Paserchia] ruled that N.J.S.A. 2C: 33-1 to 28 reveals a
state "policy to comprehensively address street behavior and other conduct
in public places which may disturb citizens and disrupt peaceful society."
The issue in question was the ordinance language regulating intentional
reckless, or improper behavior or use of offensive language in public.
Municipal ordinances should be reviewed for possible conflicts or regulation
of subjects preempted by state law, including rioting, failure to disperse,
harassment, obstruction of public roads, and disruption of meetings and
processions. Consult your municipal attorney.
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