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State v. Stafford

December 15, 2003

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PRISCILLA STAFFORD, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Sussex County, 12-9-02.

Before Judges Stern, Lefelt*fn1 and Landau.

The opinion of the court was delivered by: Landau, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 21, 2003

Defendant Priscilla Stafford appeals from a final order and judgment of the Law Division that, following trial de novo on her appeal from the Sparta Township Municipal Court, found her guilty on separate complaints of violating Sections 11-1.3 and 11-5.3 of the Township's Code Public Health Nuisance Regulations by allowing the feeding of migratory wildfowl on her property. The Law Division judge reduced the fines imposed by the municipal court to $100 on each complaint, but determined that the fines should be deemed as"running concurrent." Thus, a"total fine" of $100 was imposed, together with court costs of $30 and a $2 ACS assessment.

Defendant appeals, raising these arguments:

POINT ONE

SPARTA ORDINANCE 11.1.3 DEFINING NUISANCES IS UNCONSTITUTIONALLY VAGUE, REQUIRING SUMMONS 5209 TO BE DISMISSED.

POINT TWO

THE STATE FAILED TO PROVE THE ELEMENTS OF THE OFFENSES CHARGED BEYOND A REASONABLE DOUBT; ACCORDINGLY THE COMPLAINTS MUST BE DISMISSED.

POINT THREE

THE COURTS BELOW IMPROPERLY ALLOWED INTO EVIDENCE UNDULY PREJUDICIAL TESTIMONY ABOUT OTHER WRONGS IN VIOLATION OF N.J.R.E. 403, 404 and 406.

POINT FOUR

THE SPARTA ORDINANCE PROHIBITING FEEDING MIGRATORY WATERFOWL IS PREEMPTED BY FEDERAL LAW.

Save for holding that conviction of violating § 11-1.3 should be merged with the conviction under § 11-5.3, for reasons set forth below, we find defendant's ...


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