Youth Curfew May be Revived in Ortley Beach in 2024, But Permanent Ordinance Off the Table

Screenshots from video of a riotous incident, July 4, 2022 in Ortley Beach. (Credit Unknown)

A curfew that has been implemented on an emergency basis for the last several summer seasons in Ortley Beach and other barrier island neighborhoods in Toms River is expected to be required again this summer, however the township council is not considering permanently imposing a curfew, as two other Shore area municipalities have done.

Ocean City and Sea Isle City have both enacted ordinances making youth curfews permanent during the summer months, but Toms River and about 30 other municipalities have taken the same step by using a different method. First, pandemic-era emergency powers were utilized, followed by a general emergency order from the police chief the last two seasons after numerous incidents involving large, intoxicated groups of teens vandalized property, resisted police officers’ efforts to control the raucous gatherings, and created havoc in some neighborhoods.

At a township council meeting held last week, a resident asked if the township was planning on implementing a youth curfew this season, and if the curfew could be enshrined in the township ordinances so emergency orders would not have to be implemented each season.

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Though council members indicated they would likely be in support of such a measure, the township attorney said codifying the policy in an ordinance could open the township up to litigation – especially given Toms River’s size and high profile nature.

“There are two municipalities that have done that and they have not been challenged in court,” Township Attorney Gregory P. McGuckin said, referring to a permanent ordinance. “There are numerous municipalities around the country that have done that and have been challenged and have lost. So at this point, it’s been our recommendation to the township that if the Chief of Police and Office of Emergency Management believes there is an emergency, we should implement it in that matter.”

Mayor Dan Rodrick said his administration has requested the police chief and emergency management coordinator make the declaration again this season.

“We can’t order him to do that, but we have requested it,” he said.

Dozens of teens gather in the North Beaches sections of Toms River over the July 4 weekend. (Facebook Photo)

Dozens of teens gather in the North Beaches sections of Toms River over the July 4 weekend. (Facebook Photo)

McGuckin spoke frankly on the liability issue, however.

“If we put our nose out, we would get punched,” he said. “We’re a big town and we would be sued.”

The resident who spoke, whose name Shorebeat withheld, said the curfew made a major difference over the past several seasons.

“We’re a family town, we’re a vacation destination, and the safety, the comfort and the orderly conduct on the island all have seen a huge difference with the curfew,” she said.

McGuckin said that the township’s position could change as courts resolve the issue on various levels.

“If those cases are decided and there is more clarity on the ability of a municipality to do that, I’m sure the mayor and council would want to do that,” he said.

Last year, the township’s emergency order for a curfew applied to juveniles aged 17 and under, prohibited teens unaccompanied by an adult from being on the streets of Ortley Beach and the township’s North Beaches from 10 p.m. to 5 a.m. beginning on Friday, May 26 and extending through midnight Tuesday, Sept. 5.