Andrew Blaszczyk (2) wrote:Well folks...a word of caution about shooting in South Amboy. I am the proud new owner of a trespassing summons for being on "old JCPL property" thanks to South Amboy PH John Kelly (badge #47, car 403). I was parked by one of the two overpasses over the NJCL south of ESSAY when officer Kelly approached my car. He told me I was trespassing and when I told him that I was unaware of this he threatened to "lock me up". He then asked me for my license, registration and insurance which I did with no arguments yet he again threatened to "lock me up" because of my 'attitude'. He then called for backup. A second SA police car showed up and that officer approached me with questions of what I was doing. When I told him I was photographing the trains he "informed" me that it was against Homeland Security to do this. Without my NJT letter and emails, I explained to him that I had contacted NJT and they always responded that it was not illegal to photograph their trains. His attention was then directed to the abandoned JCPL power plant which can be seen in the background. After shooting the breeze for a few minutes, a third unmarked car arrived and the officer went to talk with him. During this time, Officer Kelly came back with my paperwork and a summons for trespassing??? I attempted to apologize for my 'attitude' but was rudely ignored as he walked away!!! So, until I get my day in court (8/13) I would suggest using caution when around the public property which Officer Kelly confused for private property. The one other time I had encountered a South Amboy officer around this area was while shooting SA31 on the Church Runner and that conversation with "Have a nice day."
Andrew, don't answer here publicly. Note that the former JCP&L steam units are abandoned, but the property was sold to Reliant Energy and the four simple cycle combustion turbine generators are still in operation by Reliant. What precisely is the statute or municipal ordinance number that you are charged with on the summons? Trespassing varies from a disorderly persons offense to a 4th degree crime, depending where it occurred and other facts and circumstances. Electric generating station trespass is a fourth degree crime. That carries potential for some years in state prison. Even the disorderly persons offense could result in jail time. Trespass is not like a motor vehicle offense like speeding or whatever. I'll send you an e-mail at your BRRHT listing and feel free to call me at work to discuss this further. Again don't discuss it here any more, as the TV cop show "anything you say can be used against you" is one of the very few accurate legal concepts on TV shows. (Your conversation with me will be legally privileged so you need not worry about that.)
If you have not done so as yet, I strongly advise you to retain an attorney who practices in the local municipal court there to represent you. That can make a very large difference in the outcome.
(To all, please note that my posting here does not constitute legal advice nor do we have an attorney-client relationship.)
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2C:18-3 Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.
2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Otherwise it is a disorderly persons offense.
b.Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1)Actual communication to the actor; or
(2)Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3)Fencing or other enclosure manifestly designed to exclude intruders.
c.Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
d.Defenses. It is an affirmative defense to prosecution under this section that:
(1)A structure involved in an offense under subsection a. was abandoned;
(2)The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or
(3)The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.
L.1978, c.95; amended 1980, c.112, s.3; 1994, c.90; 1995, c.20, s.4; 1997, c.15; 2005, c.100.
