CURFEW WARNING: Wandering or playing in Hoboken parks after 10 p.m. could result in a $1,000 fine or 90 days in jail

On September 18, 2024, in a rare event, the Hoboken City Council failed to pass an amended ordinance on first reading. Typically, the Council will vote to approve on first reading and only vote to oppose when it comes to a public hearing and final vote. Apparently, council members got complaints about a possible curfew for Hoboken’s parks and playgrounds.

However, the ordinance establishing this curfew has been on the books since 1975. In fact, anyone wandering or playing in a public park after 10 p.m. can be fined as much as $1,000 or sentenced to 90 days in jail. The proposed amendments would have expanded the curfew hours.

This ordinance is Chapter 89 of the municipal code entitled “Curfew; Civil Disturbances.” It begins as follows: “It shall be unlawful for any person, persons or groups of individuals to loiter, idle, wander or play in, or remain in or be upon, the public parks, playgrounds or other public grounds within the confines of the City, between the hours of 10:00 p.m. and 5:00 a.m.”

This curfew conflicts with the State’s requirement that the public have free, unobstructed access to the Hudson River Waterfront Walkway 24 hours a day, 7 days a week. Central Park in New York City is open until 1:00 a m. In urban areas, many are up late; some work odd hours. Parks are a refuge for those confined to small or crowded living spaces. The right to occupy public spaces is a fundamental right in our democratic society.

Overly broad laws, such as this one, are open to interpretation and can be enforced in a discriminatory manner, leading to racial or other manner of profiling. The ordinance provides an exception for “individuals traversing the park area to or from his home, business or place of employment.” 

It is not clear how Hoboken police enforce this ordinance. Curfews for youth are widely viewed as ineffective in reducing crime. Critics argue that curfews criminalize normal adolescent behavior. 

The original Chapter 89 code was adopted in 1975, a very different time in Hoboken’s history. Unlike today, the town suffered from high rates of crime, drugs and poverty. Police-youth tensions were seriously strained. Riots rocked the streets of Hoboken in 1971. 

The City Council should rescind Chapter 89 of the Hoboken code.