Home Rule

This past summer I had the pleasure of entertaining my best friends who were visiting from Jamaica. We were enjoying a BBQ, dancing and playing a game of Spades, when out of know where the subject turned towards politics. A subject I make every attempt to avoid. Bracing myself for the discussion. My friend’s husband asked about Asbury Park’s form of government. I asked why he was interested, and he said to my surprise that he and my friend are contemplating purchasing a condo here in Asbury Park. “Surprise!” my friend shouted! Her husband continued “You are a Councilwoman correct”? “Yes,” I replied. “Well, I trust you to give me the facts,” he said. “Okay, what do you want to know?” He asked if Asbury Park “was governed under the Home Rule Law or the Dillon Rule?”

So let me press the pause button right here. I’m sure you would like an explanation as to what these two rules are.

The Dillon Rule was named after an Iowa Supreme Court Justice John F. Dillon. This rule establishes the local government as having limited local authority. The state has control over local entities, and views local governments as an extension of the state rather than inherently sovereign bodies.

In contrast to the Dillon Rule is the Home Rule Law. New Jersey established the home rule doctrine as a principle established by the State Constitution and the Home Rule Act of 1917 which grants broad powers to municipalities and counties to govern themselves. This gives cities like Asbury Park the power to enact ordinances and regulations for public welfare and manage affairs like planning and zoning. These powers are not absolute and must not conflict with state or federal laws.

Now back to my friend’s question. Yes, Asbury Park operates under the New Jersey home rule law. The governing body of Asbury Park has adopted the Optional Municipal Charter law better known as the Faulkner Act. In other words, Asbury Park uses the council manager’s plan. Whereas the residents of the city elect a city council and mayor to set policy. The council and mayor then appoint a city manager. Adam Cruz, the current City Manager, is responsible for the day-to-day operations and implementing the council’s policies. Here are a few of those ordinances that are enforced by the city: regulation of short-term rentals, drones are prohibited on the beach unless special permission is given by the City of Asbury Park, the breeding and sale of dogs such as Pitbulls for profit are prohibited. Fires on the beach are only permitted with a special permit and cooking equipment is prohibited just to name a few.

According to the National League of Cities there are 31 Dillon Rule states, 10 home rule states, 8 states that apply Dillon’s Rule only to certain municipalities, and one state that applies Florida home rule to everything except taxation.

As for my friends, they have returned to Jamaica. Yes, I am looking forward to seeing them in their new condo. I will be joining them on their balcony enjoying the ocean breeze while sipping a refreshing cocktail. Ahhhh, this is life in Asbury Park!!