Bill Text: NJ A2935 | 2024-2025 | Regular Session | Introduced
Bill Title: Increases penalties for certain conduct at unpermitted mass gatherings on public beach.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A2935 Detail]
Download: New_Jersey-2024-A2935-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
SYNOPSIS
Increases penalties for certain conduct at unpermitted mass gatherings on public beach.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning conduct at certain mass gatherings and amending N.J.S.2C:33-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:33-2 is amended to read as follows:
2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
c. A person who violates subsection a. of this section at an unpermitted mass gathering on a public beach is guilty of a disorderly persons offense.
d. A person who organizes an unpermitted mass gathering on a public beach and threatens or encourages violence, destruction of public property, or illegal drug or alcohol use during the event is guilty of a crime of the fourth degree.
In addition to any other fine or penalty imposed, a person who is guilty of organizing an unpermitted mass gathering on a public beach shall be responsible for paying the cost of any damages to persons or property resulting from the unpermitted mass gathering. If the organizer of the unpermitted mass gathering on a public beach is a minor, the legal guardian of the organizer shall be responsible for paying the cost of any damages to persons or property resulting from the unpermitted mass gathering.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
"Unpermitted mass gathering on a public beach" means (1) an event or occasion occurring on a public beach, organized by an identifiable source, unrestricted as to the number of attendees, and notice for which was advertised on public media including, but not limited to, social media platforms or websites; (2) a permit to assemble has not been obtained from the municipality in which the event or occasion is held; and (3) the number of people attending or likely to attend is sufficient to strain the planning and response resources of the community or municipality in which the event or occasion is held, a determination which, once assessed by the municipality, has been declared through a public address or other emergency notification system.
(cf: N.J.S.2C:33-2)
2. This act shall take effect immediately.
STATEMENT
This bill enhances the penalties for the crime of improper behavior if committed on a public beach under certain circumstances.
Currently, improper behavior is a petty disorderly persons offense punishable by up to 30 days imprisonment, a fine of up to $500, or both. The offense is committed when a person acts recklessly to cause public inconvenience, annoyance or alarm. If this conduct occurs under unregulated circumstances on a public beach, the risk of escalation into uncontrolled violence is substantially greater. Recent violent outbreaks, such as the events that occurred at Pier Village in Long Branch, New Jersey, demonstrate the reality of this risk.
This bill elevates this conduct to a disorderly persons offense if it occurs at an unpermitted mass gathering on a public beach. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both. In addition, the bill provides that a person who organizes an unpermitted mass gathering on a public beach and threatens or encourages violence, destruction or property, or illegal drug or alcohol use during the event is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment a fine of up to $10,000, or both. In addition to any other fine or penalty imposed, a person or the legal guardian of a minor who is guilty of organizing an unpermitted mass gathering on a public beach is be responsible for paying the cost of any damages to persons or property resulting from the unpermitted mass gathering.
Under the bill "unpermitted mass gathering on a public beach" means (1) an event or occasion occurring on a public beach, organized by an identifiable source, unrestricted as to the number of attendees, and notice for which was advertised on public media including, but not limited to, social media platforms or websites; (2) a permit to assemble has not been obtained from the municipality in which the event or occasion is held; and (3) the number of people attending or likely to attend is sufficient to strain the planning and response resources of the community or municipality in which the event or occasion is held, a determination which, once assessed by the municipality, has been declared through a public address or other emergency notification system.
While recognizing the paramount constitutional right of persons to lawfully assemble, the risks posed by unregulated and unrestricted "pop-up" events pose unique risks, including violence and destruction of property.
