Plaintiffs filed a complaint seeking a declaration that Section 354–18 of the Borough of Glassboro Code (the Borough’s Code) addressing “disorderly” houses and houses of “ill fame” was preempted by the Code of Criminal Justice (the Code), N.J.S.A. 2C:1–1 to N.J.S.A. 2C:104–9.
The trial court concluded that N.J.S.A. 40:48–1 and N.J.S.A. 40:48–2 authorizes local laws like Section 354–18. Plaintiffs appealed. The appeals court reversed, holding that the ordinance was plainly preempted by the Code.