Ordinance may prove to be unenforceable

BY KATHY BARATTA Staff Writer

BY KATHY BARATTA
Staff Writer

HOWELL — The mayor and Township Council members are scheduled to adopt an ordinance that will not have the teeth they intended it to have.

A public hearing and possible adoption are set for Oct. 18 on an ordinance amendment that seeks to obtain fingerprints from and conduct background checks on peddlers and vendors who operate in Howell.

Deputy Mayor Juan Malave proposed the amendment that was introduced by the council on Sept. 20. Malave said he envisioned the ordinance for such things as ice cream vendors and other community peddlers who directly interact with children.

Malave said having such an ordi-nance in place would offer another level of comfort for parents about vendors who interact with youths.

At the Oct. 4 council workshop meeting, Malave expressed his disappoint-ment at being informed that municipal officials can only request compliance from vendors, but cannot demand it.

Following Malave’s comments, Town-ship Attorney Thomas Gannon told the mayor and council members that even though the ordinance amendment was being developed at the request of the police department, because there is no state statute mandating such a practice, it is for all intents and purposes unenforceable by the police against those individuals who do not comply.

Gannon said until something is done at the state level, municipalities seeking to develop such ordinances can “only go so far.”