Barnegat Committee considers fining nuisance homeowners

Amanda Oglesby | Asbury Park Press

Show Caption Hide Caption Jersey emergency: Cow loose in Lakewood A cow was on the loose near the CardCash office in Lakewood.

BARNEGAT — Properties where police are called frequently could be subject to fines under a new ordinance the Township Committee will consider adopting in August.

Municipal officials are targeting "nuisance" properties that consume "excessive municipal services," according to a draft of the proposed ordinance. The municipal body is scheduled to vote on the ordinance on Aug. 7.

"You want people to live in a community you can be proud to raise your children," Barnegat Mayor Frank Caputo said. “We’re looking to be able to provide a safe and enjoyable community."

For each call to town hall or police, residents could be fined $300 if their properties are the subject of regular complaints.

An additional $100 "administrative fee" could be added to the fine for the township's costs of litigation.

Under the proposed ordinance, an officer would issue a complaint and summons to a resident, homeowner or business owner when police, code enforcement or other municipal officials are called frequently to a location.

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After a hearing, the property would be placed on probationary nuisance status for 12 months. During that time, a user-fee of $300 per call to the municipal government or police would be imposed, according to the ordinance.

The rules would apply to municipal violations such as disorderly conduct, disturbing the peace, excessive noise, improperly parking, public urination and defecation, indecent exposure, prostitution, drug use or other types of criminal activity.

Even a complaint about excessive dog barking or a property maintenance would qualify under the ordinance.

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A single-family home that is the subject of five or more calls to the municipal government or police over a 60-day period would qualify as a nuisance property under the ordinance. Apartment complexes, motels, convenience stores, liquor stores, bars, restaurants and other properties are also subject to the rules; however, the number of calls that would qualify each as a "nuisance" changes depending on the type of property and number of housing units.

Barnegat Police Chief Keith Germain said his department receives about 1,600 calls for police response each month. Many of those calls stem from the same homes — the police department's "repeat customers," he said.

In some cases, police are called to the same house "five to seven to nine times over the course of a week," Germain said.

"Ultimately, we look at the police department as the most expensive part of running a town,” the police chief said. “When you start digging down below the surface into the (call center) data… a lot of those calls are coming from a small number of residences.”

Caputo said landlords could even be held responsible for nuisance tenants under the proposed ordinance.

"It’s a way of trying to maintain the dignity of what Barnegat represents," he said.

The American Civil Liberties Union opposes nuisance ordinances, saying the rules risk punishing victims of crime.

For example, renters or homeowners who are victims of domestic violence or stalking may avoid calling police for help if they are worried about being fined or evicted from their homes, according to the ACLU.

The ordinances also disproportionately penalize low-income people, people of color and individuals with mental disabilities, said Jeanne LoCicero, acting legal director of the American Civil Liberties Union of New Jersey.

“Depending how they (Township Committee members) structure this ordinance, it could give rise to... serious legal concerns," she said. “Ordinances like these may violate the Federal Fair Housing Act, or the Constitutional guarantees of due process.”

In some cases, landlords have been pressured to evict tenants who were the victims of crimes, LoCicero said.

“People shouldn’t feel that they can’t call the police when they need them," she said.

A public hearing on the proposed ordinance is scheduled for the next Barnegat Committee meeting, to be held at 6:30 p.m. Aug. 7 in the municipal building, 900 West Bay Ave.

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Amanda Oglesby: @OglesbyAPP; 732-557-5701; aoglesby@gannettnj.com