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1 MILAGROS BETANCOURT, et al. v. TOWN OF WEST NEW YORK, -- rank: 1000

... juvenile curfew ordinance No. 2074 (WNY Ordinance), enacted pursuant to N.J.S.A. 40:48-2.52, is unconstitutional. We concur with Judge Martin L. Greenberg's ... The facts are not contested. In 1992 the Legislature enacted N.J.S.A. 40:48-2.52, which authorized municipalities to:         enact an ordinance making it unlawful ... organizations after 10 p.m. and before 6 a.m." N.J.S.A. 40:48-2.52(d).     The following legislative findings supported the enactment of the ... the streets and to encourage the deepening of familial relationships.         [ N.J.S.A. 40:48-2.52, Assembly Judiciary, Law and Public Safety Committee Statement.]     The following year and pursuant to N.J.S.A. 40:48-2.52, WNY adopted Ordinance No. 2074 (July 21, 1993), which provides ... intervene in the matter because it implicated the constitutionality of N.J.S.A. 40:48-2.52. The Attorney General declined to intervene. See footnote 1 ...

docket:	A0711-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-23
status:	published
citation:	338 N.J. Super. 415
Document Size:	30509