No "No Parking Sign" no yellow curb-still got a ticket

[raritan08210]

What is the name of your state (only U.S. law)?

New Jersey

I parked on a two way street w/ a double yellow line. Where I parked there was no yellow curb, nor any sign saying "no parking this side of street" yet as I returned to my car, a cop was there w/ a flat bed preparing to tow me! As I plead my case to the officer, her rationale for the ticket was that the side of the street I parked on was a "lane of traffic." She said that it was narrower than the other side of the street. I made her call out the traffic supervisor and explained that if there had been a yellow curb or a sign, I would not have parked there. He said, "This is a lane of traffic. You wouldn't park on the parkway in one of their lanes would you?" I replied: "There are signs on the parkway that say 'no stopping or standing.'" To which he stammered until he changed the subject by telling me I could fight it in court. I had my camera and took pictures of the spot before leaving.

Am I correct in assuming that there MUST be a sign or yellow curb in a no parking zone? If so, how can I find out that statue # so that I can cite it in court?

Thank you for your help, I greatly appreciate it.

Steve

[You Are Guilty]

Are there "no parking" signs on the center lane of the GSP?

[raritan08210]

There are "no stopping or standing" signs.

[You Are Guilty]

Let's try it this way: does the street where you were ticketed have one lane or two (only on the side you were ticketed)?

[raritan08210]

There is one lane in either direction. The only markings on the street are the double yellow line. The other side of the street is a few feet wider, but this is not something anyone would notice easily. There are "no parking" signs all over the town in question (Cape May) so I always check for these (or a yellow curb) The ticket was already written when I arrived so arguing w/ the cop was a waste of time. I'm glad I got there before they towed me! I have found some statements on the internet saying that there must be a "no parking sign" or "no parking this side of street" but I can't really go into court w/ that kind of hearsay as my evidence. I'm really trying to find out if these statements are correct and if so how I can obtain a copy of the statute.

[Zigner]

Originally Posted by raritan08210

There is one lane in either direction. The only markings on the street are the double yellow line. The other side of the street is a few feet wider, but this is not something anyone would notice easily. There are "no parking" signs all over the town in question (Cape May) so I always check for these (or a yellow curb) The ticket was already written when I arrived so arguing w/ the cop was a waste of time. I'm glad I got there before they towed me! I have found some statements on the internet saying that there must be a "no parking sign" or "no parking this side of street" but I can't really go into court w/ that kind of hearsay as my evidence. I'm really trying to find out if these statements are correct and if so how I can obtain a copy of the statute.

Was your "parked" car blocking traffic?

[raritan08210]

Not in my book! The car is a Hyndai Elantra, which is a compact car. My tires were against the curb. Cars traveling on the side of the street where I parked would have to stay toward the center of the road, particularly an SUV or truck, but its not as if cars had to stop for oncoming traffic.

[patstew]

Our city has an ordinance that with a vehicle parked there still must be at least twelve feet in the lane of traffic. Look for something like that in your local ordinances.

[raritan08210]

For any who were wondering, here is what I found in the NJ parking statutes:

b. A person shall not park or leave standing a vehicle, whether attended or unattended, upon the highway, outside of a business or residence district, when it is practicable to park or leave it standing off the highway. In no event shall a person park or leave standing a vehicle whether attended or unattended, upon a highway, unless a clear and unobstructed width of not less than fifteen feet upon the highway opposite the standing vehicle is left for free passage of other vehicles, or unless a clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the highway.

Source: 39:4-135; 39:4-136; 39:4-137; 39:4-139.

==The above applies if the officer whom I argued w/ contends that the road I was parked on was a highway (oddly he compared this single lane in either direction w/ double lines to the Parkway) My vehicle was in clear view for more than 200 feet in either direction.

39A:PKG-4. “No parking” zones

The Chief Administrator, by regulations, shall have authority to establish and maintain "no parking" zones on portions of State highways where parking is deemed hazardous or inimical to the proper flow of traffic. "No parking" zones so established shall be clearly marked by appropriate signs of a type and design according to specifications adopted by the Chief Administrator.

Source: 39:4-138.1.

===A-ha. Here is what I was really after. There must be a "clearly marked sign"

[janetta1961]

See my thread titled !!!To beat a Parking ticket when no Signs are posted!!!
this will help you

[Zigner]

Originally Posted by janetta1961

See my thread titled !!!To beat a Parking ticket when no Signs are posted!!!
this will help you

Please don't mislead folks. This guy was blocking traffic.