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#1
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NJ - Parking too close to a crosswalkI received a parking ticket in Clifton NJ for "Parking too close to intersection" citing 39:4-138E. In the margin of the ticket, the officer wrote "Parking within 25 ft of a crosswalk". My questions are: 1. What is the definition of a crosswalk? This intersection of 2 quite residential streets had no markings (vertical lines extending from the sidewalks) indicating that it was a crosswalk. Does a crosswalk have to be marked? 2. From where does one measure an "unmarked crosswalk" to know whether or not I was really parked within 25' of it? There are no markings on the curb to indicate where 25' is. If I measure 25’ from the sidewalk, then I was within 25’. If I measure from the curb of the cross street then I was not within 25’. Thanks |
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#2
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| Forget what it says in the margin - read the code section. 39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places: As a side, 39:1-1 defines a crosswalk as ... "Crosswalk" means that part of a highway at an intersection, either marked or unmarked existing at each approach of every roadway intersection, included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface. Taking it all in to consideration, if there was no marked crosswalk I'd say that you parked within 25' of the prolongation of the nearest intersecting curb. If you were further from the curb than 25' then you might have a chance at a reasonable defense argument by taking photos of the lack of crosswalk markings, and measuring your distance from the nearest intersection. Of course, they might not believe you. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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