By Jennifer Kohlhepp, Staff Writer
The Princeton Town Council decided Monday night to postpone its vote on an ordinance that would regulate the hours of operation of certain businesses in and abutting residential zones until all of its members could be present.
Mayor Liz Lempert asked the council to consider holding the vote until its special meeting on Dec. 15, saying that she would prefer to have all members present since it would be a close vote. Council President Bernie Miller was absent.
Mayor Lempert cast the deciding vote on Nov. 10 to introduce the ordinance when the council split with Mr. Miller, Heather Howard and Lance Liverman voting to introduce it and Jo Butler, Jenny Crumiller and Patrick Simon voting against its introduction.
The purpose of the ordinance is to require certain businesses on lots within a residential zone or abutting a residential zone to close between the hours of 2 a.m. and 5 a.m. The ordinance provides exemptions for liquor license holders, pharmacies, medical care facilities, urgent care facilities, veterinary care facilities, hotels and businesses within Princeton’s educational (university) zones. The ordinance also allows businesses subject to the ordinance’s hours of operation to remain open beyond 2 a.m. for up to six days per calendar year with a permit from the township.
While some residents agree with the ordinance and said it "codifies what is really current practice with the 2 a.m. to 5 a.m. parking ban" and "takes into consideration the rhythm of the town," others said it is based on fear and not facts.
The ordinance was drafted with input from residents, the director of planning, and the police department and states that the mayor and council find that a uniform closing time for businesses located on properties within or abutting a residential zone may discourage crowds from congregating, which prevents neighborhood residents from sleeping, safely walking their streets, and enjoying the peace and quiet of their homes; reduce the incidence of disorderly conduct and criminal activities, including loitering, littering, public drinking, drug dealing, noise disturbance and other unlawful acts during the late night and early morning hours which would lead to a commensurate reduction in the need for police presence and calls for police service in or in close proximity to residential areas; and reduce debris in residential areas from improperly discarded food containers, wrappings, bottles, cans, utensils and decomposing food products.
Resident and merchant Lou Carnivale said, "This ordinance is looking for a problem that does not exist. Why pass a law before it’s necessary?"
He also took issue with the proposed ordinance excluding university businesses from the operating hours regulations.
"We want the business and people from the university," Mr. Carnivale said. "The university is becoming more and more self-sufficient. We’re becoming two towns."
John Marshall, the president of the Princeton Merchants Association, urged the council not to pass the ordinance in its current form on behalf of the association’s 140 members."
The PMA does not disagree with you, we disagree with the method of implementation," Mr. Marshall said, noting the association would rather the town use existing ordinances and zoning to deal with issues as they arise instead of creating new regulations.
One local property owner sees the ordinance as a stopgap.
Robert Bratman, owner of the former West Coast Video site, which has been vacant for several years and is currently proposed for a 7-Eleven, said, "The 7-Eleven business model is a 24/7 store. If this passes there’s a good chance 7-Eleven won’t go there."
He said 7-Eleven is the type of place crime abhors because the establishment has lights and surveillance cameras.
However, resident Abigail Reynolds and others said 24-hour establishments don’t belong in close proximity to residential neighborhoods due to their light pollution, litter, noise and traffic.
"It will change the quality of our neighborhood," Ms. Reynolds said.
In discussion prior to continuing the public hearing to the next meeting, Ms. Howard said she supports the ordinance in its current form to preserve neighborhoods and the "rhythm of our town."
Mayor Lempert said, "We’re not saying there can’t be 24/7 businesses in town just not next to residences."
Mr. Simon said, "This ordinance was designed to placate people not to solve any problems."
The public hearing on the ordinance will continue at the council’s special meeting at 7 p.m. on Dec. 15.
