Drunken, Unruly Teens Ruining Summer Visits, Toms River Residents Say

TOMS RIVER, NJ ? Teenagers gathering in groups has been as common a summer sight as fireworks and sunburns for decades. Whether it's at the mall, at the beach, or a favorite pizza place, teens hanging out has been a constant.

In the summer of 2022, however, those teen gatherings have become a sore spot in Toms River for residents and business owners alike, and they are begging authorities to do something to address it.

How much can be done, however, is a question authorities are struggling to answer, as they deal with a convergence of state policing rules, parental permissiveness and teenagers pushing the limits of the laws.

"Unfortunately, I've seen them urinate and vomit on my property, which is totally unacceptable," Jo Ann Petruzel, one of the co-owners of Barnacle Bill's Amusements in Ortley Beach, told the Toms River Township Council on Wednesday night.

The arcade has been subjected to vandalism and the rowdy behavior, particularly on weekend nights when as many as 400 to 500 teens have been descending on Ortley Beach.

"We have to lock our bathrooms because you have six to eight kids going in at a time and they leave a mess," Petruzel said. The kids standing around in large groups block the accessibility for those with disabilities. "Parents with young children don't want to come."

The behavior of some of the teens has been so pervasively bad that people coming to Ortley Beach are staying in during the evenings because they don't feel comfortable around the large groups of teens, said Paul Jeffrey, vice president of the Ortley Beach Voters and Taxpayers Association.

In some cases, those who own summer homes are not coming down for the weekends, because they don't want to deal with the noise and the vandalism that has been happening.

"We need the people who come here to vacation to be able to go out and enjoy themselves," Jeffrey said Wednesday.

"It's hurting our reputation and Ortley Beach," Petruzel said.

While the barrier island portion of Toms River has received the most attention, in part because of rowdy behavior over the July 4th weekend that included the arrest of an 18-year-old college-bound kid from Park Ridge and a 16-year-old who gave the middle finger and cursed at police officers while she was drunk, other areas of town have been struggling with rowdy behavior as well.

A resident speaking at the July 17 council meeting said teenagers were harassing people at the Ocean County Mall, pulling pranks on unsuspecting customers and making people feel unsafe.

"There's just a rampant issue of kids running around unsupervised," the man said. "They're throwing things at customers, they're harassing young kids."

In one instance a group of teens, who he estimated were 14, 15 and 16 years old, were harassing a transgender individual.

"I can understand teenagers ... want to express their freedom," he said. "I think something has to be addressed because it's not safe for anyone."

It is a frustrating situation for the police department as well, Toms River police said.

"A lot of times our hands are tied with what we can do with juveniles," Police Chief Mitchell Little told the man who raised the concerns about Ocean County Mall. Little said because it is private property, the police department cannot simply go in and be a policing presence.

The mall does have a security force, he said, and has been increasing the number of security officers, some of whom are police officers hired to work during their off-hours from the township.

When problems arise and Toms River police respond to an incident at the mall, Little said, "we can escort them off the property."

The trouble, Little said, is too many parents turn around and drop the kids back off at the mall unsupervised the next day, and the problems begin again.

It's similar on the barrier island. Toms River has a curfew requiring those under age 18 to be off the streets by 11 p.m. unless they are accompanied by a parent or guardian ? or meet other specific exceptions.

But that requirement, residents say, isn't preventing the teens from sitting on the beach drinking to excess, which they say is where the problems are beginning.

In the incident that drew headlines over July 4th weekend, a crowd police estimated at 400 to 500 teens were on the beach and boardwalk. After they were ordered off the beach, a 16-year-old girl cursed at police and held up her middle finger. The girl, who was intoxicated, eventually was arrested after trying to punch an officer, and during her arrest kids began throwing rocks at the officers, trying to interfere.

The girl, from Millburn, was later released to her mother, who admitted "she was aware her 16-year-old daughter would have a couple of drinks while at the beach that evening," police said.

Read more: Belligerent Teens, Arrests, Damage: Toms River Police July 4 Report

Police cannot simply arrest teens for underage drinking anymore, however. Under a 2020 directive from the New Jersey Attorney General's office, along with language in the state's adult recreational marijuana law, police officers cannot make arrests based on smelling the odor.

Police departments around the state have pushed back, saying the legislation puts them at risk of criminal prosecution.

"Police use the power of observation to perform their duties as community caretakers, emergency aid providers, keepers of the peace, and law enforcement officers," a petition urging the state to rethink the parental notification said. "This involves utilizing all of one's senses, including the sense of smell. One of the most conspicuous manifestations of marijuana and alcohol use is the odor associated with their ingestion."

"Under the current legislation minors can be observed smoking marijuana by a police officer, but if that police officer stops or detains that minor based on the odor, that officer will face serious sanctions, including being charged with the Crime of Official Deprivation of Civil Rights. If officers are so discouraged from engaging minors using drugs and alcohol in the first place, what good is the parental notification amendment?" the petition said.

Toms River Deputy Chief Patrick Dellane said the department has allocated more patrol units to the beach area and police are doing directed patrols of the areas with high call volume.

But the limitations on dealing with teens who are drunk or high are significant.

In cases where parents are contacted about the behavior, some cooperate with the police, Dellane said.

"But a large amount are not cooperative," he said.

The teens know this, as evidenced by the arrest of Andre Baskapan, 18, of Park Ridge, during the July 4 ruckus. Baskapan, who was seen stealing a decorative sign from a home, told the police officer who witnessed the theft that he was a juvenile and that the officer should let him go, police said at the time.

Dellane said officers can take action if a teenager is showing signs of being significantly intoxicated or even possibly suffering from alcohol poisoning.

"If someone is visibly intoxicated or vomiting, we would act as community caretakers and make sure that they get appropriate help so their condition does not get worse," he said.

Law enforcement officers have been urging Acting Attorney General Matthew Platkin to give them the ability to really address the issue.

Dellane said Platkin's office has been soliciting information from the Ocean County Prosecutor's Office and from Little about the issues Toms River is facing and officials have been told the state will be reviewing it.

No time frame has been given for addressing it.

Jeffrey, the Ortley Beach Voters and Taxpayers Association vice president, said Gov. Phil Murphy should be urged to issue an executive order to address it, whether it's through curfews or other means.

Councilman Justin Lamb suggested Toms River change its curfew ? issued earlier this summer by Little ? to 10 p.m., to be consistent with other beach towns and prevents kids hanging out in Lavallette or other towns with earlier curfews from heading to Ortley for the extra hour.

Petruzel, of Barnacle Bill's, said she would like to see stricter enforcement of the curfew on the large crowds of kids.

"I have nothing against the kids hanging on our property, it's been going on for 60 years, but not at these numbers," she said. "It's a whole different animal when it's 400, 500. Many are obnoxious and are rude and abusive to our workers."

In Point Pleasant Beach and in Long Branch, large gatherings encouraged by social media posts resulted in the two towns suing the organizers.

The Ortley Beach gatherings are rumored to be fueled by social media, and Petruzel urged Toms River officials to find a way to stop it.

"We don't want to discourage customers of any age," Petruzel said. "It's the large gatherings. It's just way too many, more than we've ever seen before."