Borough wants more bite in firearms ordinance 

Hunter triggers legal questions; public hearing May 28

Bow hunter stock image

MONTVALE—Following a recent police encounter with individuals bow-hunting on municipal land off of Summit Avenue, local officials have introduced changes to an ordinance on May 9 that prohibits discharging firearms and hunting in the borough. 

The ordinance changes,  approved 4-0 on first reading May 9, are needed, said Borough Administrator Joseph Voytus, because officials found out that some parts of the existing ordinance on hunting and discharging firearms—codified in Chapter 200—could not be used to charge individuals found to be hunting on borough-owned land.

The individuals charged in the incident were hunting for deer on a 28-acre property at 127 Summit Ave. in late January 2024, Voytus said. That land was then owned by Montvale and was recently sold to Veolia North America, which plans to construct two water towers there to increase town-wide water pressure.

Voytus said the proposed changes should make the ordinance more enforceable by local police. The ordinance changes were recommended by the state conservation officer, said the revised Ordinance No. 2024-1555. 

A required public hearing is scheduled on May 28.

Voytus said that “Some individuals were out there hunting and when they went out and caught them, there were certain things in the ordinance that they couldn’t charge them with because the ordinance wasn’t written in a way that was enforceable under state law.”

He said they could only be charged with certain violations due to the ordinance’s language. 

Wording revisions are state-recommended, said Voytus. The revised ordinance notes bracketed passages will be deleted and underlined words added.

Under Chapter 200, Section 1, it will read, “It shall be unlawful for any person to hunt or pursue game or wild animals with firearms or any other type of weapon on municipal property within the Borough of Montvale.” reads one ordinance revision.

Another notes, “Within the corporate limits of the Borough of Montvale no person or persons shall shoot, fire, or discharge any bow-and-arrow(s), crossbow, BB gun, spring gun, weapon, revolver, pistol, gun, rifle, shotgun, air gun, or firearm of any description which propels with force a bullet. shot, pellet or other projectile  [using cartridges, gunpowder, air pressure or any other explosive substance]. 

Voytus said some parts of the ordinance were not enforceable but that the changes being made will be. 

Voytus said he was not aware of any similar bow hunting incidents previously on municipal land.

One section of the ordinance not being revised states, “Nothing herein contained shall be construed to extend such prohibition to law enforcement officers or to qualified military personnel while in the legal and proper pursuit of their duties or to target practice in and upon a firing range or site approved by the Chief of Police and governing body of the Borough of Montvale.”