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Millburn committee debates new 'disorderly persons' ordinance and data-center regulation ahead of further drafting
Summary
The committee discussed a proposed ordinance to give meeting chairs more authority to address unruly public commenters and a return discussion on local data-center regulations; members expressed concern about free-speech limits, appropriate penalties, and the need to align local rules with a recent state law on data centers before taking action.
Two regulatory items prompted extended debate at the July 14 meeting: a draft disorderly-persons ordinance intended to give chairs of committees extra authority to address unruly attendees, and a follow-up discussion of proposed local regulations for data centers.
Disorderly-persons ordinance: Deputy Mayor Cosgrove introduced a draft ordinance after citing a prior meeting where a member of the public behaved disruptively. Supporters said the ordinance would give chairs a clearer mechanism—including warnings and potential summons—to preserve decorum at public meetings and empower advisory-committee chairs who lack authority. Opponents warned about First Amendment concerns and urged careful definition of prohibited conduct and proportional penalties: "We need to be careful so that we don't violate anyone's civil rights, free speech rights," one committee member said. Members asked legal counsel to refine the draft to spell out penalties, the process for enforcement (who can issue a summons or call law enforcement), and safeguards against misuse.
Data-center regulations: Deputy Mayor Cosgrove revisited a proposal to regulate data centers locally, noting a new state statute that tasks boards with developing regulations. Supporters argued local rules can protect residents from adverse externalities while the state finalizes its regulations. Others said the ordinance language needed clearer exemptions for limited server rooms used inside office buildings and recommended consultation with the environmental commission and review of model ordinances from other municipalities.
Outcome: No ordinances were adopted; the committee asked staff and counsel to refine language and to share sample ordinances, state statute text, and environmental-commission input before further action.
