New Jersey-2024-A1244-Introduced

An Act requiring the development and publication of a model land use ordinance concerning the use of eruvin and supplementing P.L.1975, c291 (C.40:55D-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Eruvin are boundaries within which adherents of certain interpretations of the tenets of Jewish religious tradition are able to conduct certain activities that are otherwise prohibited on the Sabbath;

b. Often, eruvin are defined by certain markers on utility poles or other structures within a municipality, demarcating the boundary of the eruvin;

c. In American Civil Liberties Union v. Long Branch, 670 F. Supp. 1293 (D.N.J. 1987) the court considered objections to eruvin and held that an eruv is not a religious symbol, the boundary markers do not have any religious significance, the municipality's ongoing oversight of eruvin would be minimal, and, with regard to aesthetic considerations, in all probability most residents will never see the eruvin;

d. Further, in Smith v. Community Bd. No. 14, 128 Misc. 2d 944 (N.Y. Sup. Ct. 1985), the court noted that a municipality accommodating the religious customs of one group by permitting the creation of an eruv does not necessarily advance any one religion in violation of the Establishment Clause of the United States Constitution;

e. Municipalities have the right to promulgate land use ordinances to regulate structures, visual appearances, and land uses to ensure public safety and to maintain the community's aesthetics;

f. Therefore, the Legislature determines that it is appropriate for the Department of Community Affairs to develop model land use ordinances concerning eruvin and, in developing the model ordinances, the department shall consider the case law permitting eruvin regulation.

2. a. Within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs, in consultation with appropriate religious experts and land use law experts, as determined by the commissioner, shall develop and publish one or more model land use ordinances concerning the use of eruvin in municipalities, which shall include, but not be limited to, provisions concerning establishing, constructing, and maintaining eruvin, for the purpose of assisting municipalities in the regulation of eruvin. The commissioner may, as appropriate, and in a format determined by the commissioner, advise municipalities concerning:

(1) drafting a land use ordinance based on a model land use ordinance developed pursuant to this subsection to address specific local conditions; and

(2) any legal or constitutional issues municipalities may encounter in drafting a land use ordinance based on a model land use ordinance developed pursuant to this subsection.

b. A governing body may adopt, in accordance with section 49 of P.L.1975, c.291 (C.40:55D-62), a model ordinance or modified version of a model ordinance developed in accordance with P.L. , c. (C. ) (pending before the Legislature as this bill), or any other ordinance regulating eruvin.

3. This act shall take effect immediately.

STATEMENT

This bill requires the Commissioner of Community Affairs (commissioner), in consultation with appropriate religious experts and land use law experts, as determined by the commissioner, to develop and publish one or more model land use ordinances concerning the use of eruvin in municipalities, which shall include, but not be limited to, provisions concerning establishing, constructing, and maintaining eruvin, for the purpose of assisting municipalities in the regulation of eruvin. The commissioner may advise municipalities that draft land use ordinances based on a model ordinance developed pursuant to this bill concerning certain issues enumerated in the bill.

The bill provides that a governing body may adopt a model ordinance, modified version of a model ordinance, or other ordinance regulating eruvin, developed in accordance with this bill.

Eruvin are boundaries within which adherents of certain interpretations of the tenets of Jewish religious tradition are able to conduct certain activities that are otherwise prohibited on the Sabbath. Often, eruvin are defined by certain markers on utility poles or other structures within a municipality, demarcating the boundary of the eruvin. Case law has held that an eruv is not a religious symbol nor do the boundary markers have any religious significance. Further, courts have noted that a municipality accommodating the religious customs of one group by permitting the creation of an eruv does not necessarily advance any one religion in violation of the Establishment Clause of the United States Constitution. Municipalities have the right to promulgate land use ordinances to regulate structures, visual appearances, and land uses to ensure public safety and to maintain the community's aesthetics. Therefore, the Legislature determines that it is appropriate for the Commissioner of Community Affairs to develop

model land use ordinances concerning eruvin and, in developing the model ordinance, the commissioner is to consider the case law permitting eruvin regulation.