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State v. Ulesky

Decided: March 28, 1968.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOHN ULESKY, DEFENDANT-APPELLANT



McGowan, J.c.c.

Mcgowan

[100 NJSuper Page 291] This is an appeal from the Municipal Court of the Borough of Belmar on a trial de novo under the Rules governing such appeals. The defendant was convicted of violating Chapter 3 of the Revised Ordinances of 1966 of the Borough of Belmar, specifically section 3-1.1 through 3-1.6 of that Chapter.*fn1 The ordinance requires that every person who has been convicted of a misdemeanor or high misdemeanor in New Jersey or any other state within the past ten years and has not received a full executive pardon shall, upon residing in Belmar or remaining in Belmar for more than 24 hours, register with the chief of police. Revelation of pertinent details of the crime committed and his

present residence are required. Fingerprinting and photographing are also required. The ordinance then provides for the issuance of a registration card to be carried at all times while said person is in the Borough. The ordinance also provides for a violation for failure to register, failure to carry a card or for giving false information.

The case was submitted on stipulation and no testimony was presented. It was stipulated that the defendant-appellant violated the terms of this ordinance and that he was convicted in the Hudson County Court on February 23, 1965 of Forgery and False Pretense in violation of N.J.S. 2 A:109-1 and N.J.S. 2 A:111-1, which is a crime within the ordinance definition of a crime. He also admitted that he had notice of the ordinance and failed to register in accordance with its requirements. Similar ordinances of 19 other Monmouth County communities were also marked into evidence by consent of the parties. These contain varying residence requirements, and in some, immediate registration is required.

In this hearing the sole issue presented to this court is whether the ordinance of the Borough of Belmar requiring criminal registration is valid.

The defendant-appellant makes a broad frontal attack upon the validity and constitutionality of the ordinance in that, he asserts:

1. The Borough does not have the power to enact such an ordinance;

2. The ordinance violates defendant-appellant's constitutional rights in that;

(a) The ordinance violates the equal protection clause of the Federal and State Constitutions;

(b) The ordinance violates the right to travel and interferes with interstate commerce;

(c) The ordinance constitutes both an ex post facto law and a bill of attainder.

(d) The ordinance violates the due process clause of the Federal and State Constitutions.

3. The ordinance is pre-empted by State Law.

The Borough denies each one of these positions and also affirmatively argues that the County Court does not have the power in this proceeding to determine constitutional questions.

Initially, it is important to note that the State was represented at trial and argument by the Borough Attorney of Belmar, the Attorney-General of New Jersey refusing to intercede at this level. It is also interesting to note that as of

this date the research of counsel and of the court indicates that there is no reported decision in New Jersey regarding the validity of local criminal registration ordinances such as we have in this case and, therefore, this court is concerned with a novel question for solution.

The court takes judicial notice of the fact that Belmar is located on the Atlantic coast in central Monmouth County in an area whose economy is predicated largely on seasonal revenues; its winter population is just over 5,000 but during the summer months there is a tremendous increase. It is urged and the court finds that in such resort communities special problems arise involving the security, safety, and welfare of such a community and its inhabitants with a great influx of transient vacationers and employees of resort establishments; motels, restaurants, night clubs and other places of attraction to the tourist trade. The problems in Belmar are ...


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