parking ticket near stop sign

[LSCAP]

If you haven’t got the permit it is an exclusion, if you have the permit, it is a welcome sign allowing you to park.
It’s all in how you look at it.

Truthfully the sign was in the wrong place. And the officer is taking advantage of it.
Sort of a suggestion to “Park Here.” And the officer knows what is happening.

I would fight it on the basis that the sign suggested that it was the place to start parking ‘with a permit.’
And that the op thought- especially since the sign was there- that he was far enough away from the stop sign.


BTW Ziggy, you’re right about the first line of the law.

 

[The Occultist]

I would fight it on the basis that the sign suggested that it was the place to start parking ‘with a permit.’
And that the op thought- especially since the sign was there- that he was far enough away from the stop sign.

I agree with this advice. I feel the OP should definitely fight this. That being said, I'm fairly certain the OP will lose, but hopefully such an outrage will help get the sign moved to protect other peoples that might find themselves in a similar situation.

 

[ElJayBronx]

If I lived in NJ...

...I would hopefully know that there is a state law against parking 50' from a stop sign. In NY, there's no such state law so it isn't a no-brainer if I cross the GW and find friendly signs allowing parking that don't take into consideration the stop sign law. If I hadn't read this article and I parked where a sign invited me to, I'd be upset. ON THE OTHER HAND...if I had a permit to park in an area I'd know, since I LIVE there, that I can't park within 50' of the stop sign.

My suggestion would be to contact the Municipal Court and learn the local process. They may have a settlement process, a Guilty with Explanation plea or a prosecutor and/or judge/referee who can at least mitigate the amount of the fine if you bring in a photo of the confusing sign. You're not likely to get a dismissal because the law on parking is generally ABSOLUTE liability; "intent", etc. isn't part of the equation.

Good luck and stop back if you choose this route; it will help educate others.

 

[joulzw]

Thanks everyone for the helpful comments. As an update, my fiance submitted a letter (by email) to the mayor, members of the city council, the police sargeant who is responsible for posting traffic signs, and the township attorney. The letter states that the parking sign in question is NOT in compliance with the "Manual on Uniform Traffic Control Devices for Streets and Highways," which is required by NJ state law. "Traffic Control Devices" as defined here includes parking signs (see title 39 NJ state code).

As ElJay points out, in NY and (as we checked) most other states, the standard parking distance from a stop sign is around 30'. Most people would assume that 1) NJ traffic signs are in compliance with the law; and 2) that they are in compliance when parked behind this permissive sign.

In the letter, he requested that the sign be moved so as to be in compliance with NJ state law, to dismiss the charges against him, and to reimburse others who have been charged a fine for parking in this space. It's a stretch, but at the very least, the town is obligated to move the sign. If we hear anything, I'll update here. He also has a court date in September, so this could take awhile.

I was told, it's curse to be faced with a legal issue especially if you're right about it. We're busy people and it stinks to have to sink so much time in what seems a minor issue, but we're doing it to help prevent others from falling into the same trap.

 

[Zigner]

Good luck...

As I pointed out, the sign did NOT give you permission to violate other laws in order to park there...and I agree that 50' is excessive. But, it's the law in your neck of the woods.

Thanks everyone for the helpful comments. As an update, my fiance submitted a letter (by email) to the mayor, members of the city council, the police sargeant who is responsible for posting traffic signs, and the township attorney. The letter states that the parking sign in question is NOT in compliance with the "Manual on Uniform Traffic Control Devices for Streets and Highways," which is required by NJ state law. "Traffic Control Devices" as defined here includes parking signs (see title 39 NJ state code).

As ElJay points out, in NY and (as we checked) most other states, the standard parking distance from a stop sign is around 30'. Most people would assume that 1) NJ traffic signs are in compliance with the law; and 2) that they are in compliance when parked behind this permissive sign.

In the letter, he requested that the sign be moved so as to be in compliance with NJ state law, to dismiss the charges against him, and to reimburse others who have been charged a fine for parking in this space. It's a stretch, but at the very least, the town is obligated to move the sign. If we hear anything, I'll update here. He also has a court date in September, so this could take awhile.

I was told, it's curse to be faced with a legal issue especially if you're right about it. We're busy people and it stinks to have to sink so much time in what seems a minor issue, but we're doing it to help prevent others from falling into the same trap.

 

[joulzw]

Update: court appearance

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

My fiance parked his car several feet BEHIND a "parking by permit only" sign. He has a permit. This is for residential parking. This sign is posted 31 feet from a stop sign (he would have been at least 35' from the stop sign). He was issued a ticket for parking within 50' of this stop sign. This parking sign was posted by the same police dept that issued the ticket. Doesn't this qualify as entrapment? The sign indicates that parking IS PERMITTED, but they are issuing tickets to people who have a permit to park by the sign. Is there anything he can do?

My fiance appeared in court this week and argued about the illegal placement of the parking sign, misleading drivers that it is a permissible parking space. He also said he would have just paid the fine, but scheduled the court appearance to request that the town move the sign and stop ticketing people for parking there. The police sargent who was responsible for the sign said that it was put there because he was avoiding "sign clutter". Whatever that means! There are no other signs on the block, other than the stop sign!

He was ordered to pay the ticket ($50), but was not charged the $33 court fee. The parking sign is still there. He won't park in that spot again, but I'm sure lots of other people will. Thanks for all your earlier comments.