Dogs Walk Lower’s Beaches, Judge Stays New Ordinance

VILLAS – Lower Township resident and animal activist Helen Thompson is learning more about government and the legal process than she ever expected this summer.
In her quest to prevent the township from banning animals from its beaches, Thompson recently organized a petition to repeal the beach ordinance that bans dogs from Lower’s beaches, in season, between 11 a.m. and 4 p.m.
According to Thompson the repeal attempt failed because “most of the repeal committee members failed to come close to obtaining sufficient signatures” that were needed to be successful.
Thompson stated that this failure forced her to go to “Plan B” in her attempt to stop the animal portion of the ordinance. She hired attorney Samuel D. Lashman to file for a temporary restraining order to stop the implementation of  Ordinance 2015-04.
Thompson reviewed the history of the ordinance that was passed June 8 at a special township meeting. 
At that time, Councilman Thomas Conrad (R-1) made a motion to change the ordinance that also dealt with watercraft definitions, restrictions and other provisions at the second reading of the beach ordinance. 
Thompson added, “I think it was the mayor who asked council and the Solicitor David Stefankewicz if this request by Conrad was a substantial change that would necessitate a re-introduction of the amended ordinance.” In other words, would the change mean they had to begin the ordinance process anew?
Thompson recalled that Stefankewicz responded that the proposed water-craft rules already existed elsewhere (in the township code) and that there was no need to begin the ordinance process again.
Council then immediately voted to pass the ordinance to ban dogs. Apparently a Superior Court judge disagreed with the changes to the ordinance as minor.
Superior Court Judge Allen J. Littlefield issued a temporary restraining order July 9 pursuant to Thompson’s petition that reads in part “Operation and enforcement of ordinance 2015-4 is temporarily restrained until a final hearing is held on the matter.”
This hearing is scheduled for Nov. 12 at 1:30 p.m. in Superior Court.
Thompson recounted the judge’s in-court remarks that the change that was made at the June special meeting was a substantial change, and that more importantly, the people were not given sufficient opportunity to speak on the changes that were added at the last minute.
According to Thompson, this failure to give the public a voice was the reason the order was issued.
Thompson continued, “This particular ordinance (dog ban) is now dead,” but she knows that the township intends to introduce a new ordinance at the July 20 council meeting.
Thompson believes that council will try to schedule another special meeting after the July 20 meeting to fulfill the requirement for a second reading; this to rush the new ordinance.  Thompson believes that council will vote to pass a new ordinance at that time (second reading) which makes the original ordinance restrained by the judge moot.
All this can possibly occur before July 27 according to Thompson. 
Clearly, the battle of the beaches will continue in Lower Township.
To contact Jim McCarty, email jmccarty@cmcherald.com.