Speaking Frankly

By Frank Hannan

Chipping away at you, one unenforceable ordinance at a time

In a recent edition of Aim, the mayor, in response to criticism about all the township employee’s who have recently abandoned ship said that more local legislation was passed in her first four months in office than all the previous year. I am not sure of the validity of that statement but the libertarian in me shudders at the thought that equates a politician’s success with how many laws they get passed.

I believe in the no harm no foul form of government. Ordinances should only be passed in response to compliance of the federal/ state government mandates or if they will result in tax relief or provide some substantive benefit to the residents. I am tired of feel good ordinances that are unenforceable.

About six years ago an ordinance was passed that forbid hunting on township owned property. A good law if it only pertained to parks like Westbrook or Mount Laurel. The ordinance was passed to prevent hunting on the 400-acre redevelopment property. (The golf course) At the time it was still owned by the township. Old West Milford families have hunted that property for generations so, unless township police were willing to
act like old style revenuers/ still busters, the law was unenforceable.

The lawn fertilizer ordinance is another example of a feel good law. Educating the public as to the benefits of using non-phosphorus fertilizers is great. If enforced, requiring lawn treatment companies apply only non-phosphorus materials is not a bad idea. But mandating that homeowners cannot use a certain type of product without the ability to check compliance does not work.

The same people, who think nothing of cheating on their income tax, will think nothing of spreading a little phosphorus at twilight. I feel that a majority of local homeowners are not even aware of the ordinance. How many summonses have been handed out since its adoption? I guess everyone must be in compliance, so, WE CAN ALL FEEL GOOD.

The recent proposal for a lawn-watering ordinance is another example. It sounds like a great idea. Democrat Councilman Robert Nolan got it right when he said that it was unenforceable and a waste of time. Finally, something Bob and I can agree on. I just hope he doesn’t change his mind when he reads that I sided with him on this issue. Oh, I forgot, he doesn’t read my column.

The township’s pay to play ordinance is the Grand Poobah of feel good ordinances.
As recent newspaper reports have shown, it is not worth the paper it is written on. Enforcement consists of companies/firms filling out a form that says they are not in violation of our ordinance.

Township auditor candidate, Democrat party supporter Samuel Klein & Company recently showed that certification wasn’t worth much. I truly believe that they did not even know they were in violation. It says something about our ordinance when an accounting firm can’t even keep track of their political donations and didn’t realize that they may have made a wheeled political contribution to the local Democrats’ 2007 campaign.

Instead of pushing local ordinances, the mayor should be devoting most of her time lobbying for that state water surcharge for tax relief that she and the local Democrat party has promised us the past six election seasons. Last month, like he has every year since 2002, Democrat State Senator Robert Smith has proposed a water tax to purchase open space. No tax relief!

This time he is proposing a constitutional amendment. As a part of the state constitution, the money raised by the tax would not be subject to the annual budget process. The Highlands Council is all for it and is lobbying for its passage. If it passes, say goodbye forever to a water surcharge for tax relief.

No more feel good/ cutting edge and unenforceable ordinances. We need tax relief and with the Highlands Regional Master Plan clock ticking and the push for a water tax to purchase open space, I am feeling kinda queasy. Unless it’s a law forbidding unenforceable local mandates, another local feel good ordinance won’t make me feel any better.

Reprinted With Permission (c)Aim West Milford