N.J. Town Tries To Drop Sex Offender Restrictions

11-18-2009 New Jersey:

West Milford Township Council Repeals Ordinance Preventing Offenders From Living Near Schools, Playgrounds

It's a controversial debate in New Jersey. Some local governments are now dropping restrictions on convicted sex offenders.

In one West Milford neighborhood, residents have been on edge knowing a convicted sex offender lives next door. He is one of six top-tier sex offenders in town, registered under Megan's Law. Their pictures appear on the New Jersey State Police Web site because the courts believe there is a likelihood these men could re-offend.

"We have young children here and I really get nervous about it," said resident Rosanne Demeo.

Despite those concerns, the township council recently repealed an ordinance that made it unlawful for registered sex offenders to live within 2,500 feet of a school, park, playground or day-care center.

Now, registered sex offenders can live wherever they want in West Milford.

One mother CBS 2 HD spoke with doesn't like it.

"I wouldn't want them by my kids, no, not at all," Maryanne Lindstrom said.

West Milford officials said they repealed the ordinance because of a recent state Supreme Court ruling that said ordinances like this are invalid and that state law overrides them. Officials said keeping the ordinance would open them up to lawsuits if a person felt his or her rights were being violated.

Off-camera, some residents said limitations are unconstitutional, that under Megan's Law, named after Megan Kanka, who was murdered by a convicted sex offender, the state can't decide where a registered offender can live.

Others disagree.

"They committed a crime. They should have no right to live next to a school," resident Julie Cerniglia said.

Many towns, like Paramus, have decided to keep their ordinances, limiting sex offenders to 1,000 feet from schools or where children play. In fact, on a state level a measure is being introduced to allow towns to create their own ordinances without facing consequences.

Officials from West Milford were unavailable for comment on camera because of a League of Municipalities meeting. However, the township council made sure to include language in the repealed ordinance that says members of the body favor restricting where registered sex offenders can live. ..Source.. Christine Sloan