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Town counsel says draft curfew ordinance never advanced past introduction; explains state law

Township of Clark Council · August 4, 2026
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Summary

Municipal counsel told the council the draft curfew ordinance did not proceed past introduction and reviewed the statutory process under NJSA 40:48-2, noting municipalities may adopt curfew ordinances and the local process requires introduction, public notice and a public hearing before adoption.

Township municipal counsel addressed public concern about a recently discussed draft curfew ordinance and walked through the statutory adoption process. Counsel said the draft curfew ordinance "did not proceed past the 1st step, introduction," and that the council had nothing before it on July 2026 or at the Aug. 3 meeting to debate or act upon.

Counsel read and cited relevant statutory provisions, explaining that NJSA 40:48-2 grants municipalities police powers and that a subsection establishes parameters for curfew ordinances. He described the normal steps for ordinance adoption: introduction by the council, public notice and a public hearing, after which the council may consider adoption, revision or rejection. Counsel emphasized that the process is carried out in public session and that the ordinance drafting draws on state law, other municipal ordinances and prior experience.

The attorney's explanation responded directly to residents who questioned transparency and whether the draft curfew had been improperly handled; he said the municipality followed the law and invited residents to participate through the public comment and amendment steps required by statute.