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Ticket for Head-on Only Parking

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  • 02-10-2015, 08:54 AM
    Novice
    Ticket for Head-on Only Parking
    My question involves a traffic citation from the state of: NJ

    Hi -

    I received a parking ticket for not parking head-on in a municipal lot. I backed into my space, fully within the lines, and I paid the proper fee at the pay station to cover the time I was parked. I've written a letter to the municipal prosecutor, requesting that the ticket be dismissed, because I don't believe such a rule applies for the parking lot in question.

    I was parked in Municipal Parking Lot 1, in which the parking spaces are all perpendicular to the curbs - not angled parking spaces. After finding the ticket on my windshield, I noticed that there were several signs around the lot indicating for head-on parking, but it was dark outside, and I don't believe that the municipal code actually requires head-on parking in this lot, as it is configured. There is a conflict between what the code allows, and what is posted on the signs. Am I on the right track here?

    Full municipal code:

    http://www.westfieldnj.gov/vertical/...CB4C98F%7D.PDF

    I was cited for an alleged violation of Sec. 13-17, posted below:

    Sec. 13-17. Angle parking.
    Vehicles parked on the following streets must park against the curb, headed in and at
    an angle, as marked on the pavement or otherwise designated:
    Lenox Avenue. That portion of the southeast side of Lenox Avenue, designated as a
    one-hour parking zone, as lies between Central Avenue and North Avenue. Such parking
    shall be at an angle of thirty degrees.
    Quimby Street. That portion of the southeast side of Quimby Street, designated as a
    one-hour parking zone, as lies between Elm Street and Central Avenue.
    Ross Place. The southeast side of Ross Place from a point eighteen feet easterly from
    the easterly side of Carleton Road for a distance of ninety feet measured in an easterly
    direction.
    Other Streets. On such other streets as may be marked by paint, signs, meters or other
    methods by the police department and authorized by ordinance of the town council and
    by the director of motor vehicles of the state for angle parking.
    Parking Lots. In all municipal parking lots where angle parking is directed by
    markings on the pavement or road surface, meters, signs or other devices.

    (G.O. No. 744, art. 2, § 2; G.O. No. 754, § 2; G.O. No. 795, § 1; G.O. No. 1038, § 1.)


    Sec. 13-28 covers the particular lot that I was parked in.

    Sec. 13-28. Parking lot no. 1.
    The following regulations shall apply to municipal parking lot no. 1, located between
    the southwest side of Elm Street between East Broad Street and Cowperthwaite Place and
    the northeast side of Prospect Street one hundred and sixty feet from East Broad Street.
    (a) Parking in this lot shall be limited to four hours except for those spaces therein
    as may be designated for nine-hour parking.
    (b) Parking pay stations shall be installed to provide parking for up to four hours at
    the rate of fifty cents for sixty minutes or any portion thereof. The operator, immediately
    after parking the operator's vehicle in the numbered space, shall deposit or cause to be
    deposited in the pay station device the posted fee required for the numbered space
    occupied by the operator's vehicle.
    (c) Nine-hour parking spaces shall be designated to provide parking for up to
    twelve hours at a rate of fifty cents for one hour or any portion thereof.
    (d) Hours of enforcement shall be Monday through Saturday 9:00 A.M. to 7:00
    P.M.
    (G.O. No. 1403, § II; G.O. No. 1472, § I; G.O. No. 1507, § II; G.O. No. 1542, § VIII;
    G.O. No. 1770, § I; G.O. No. 1824, § 1; G.O. No. 1923, § I.)
  • 02-10-2015, 09:01 AM
    flyingron
    Re: Ticket for Head-on Only Parking
    The emboldened section pretty much lays it down. What makes you think that the signs in that lot do not indicate a requirement to comply with head-in parking?
  • 02-10-2015, 09:03 AM
    Novice
    Re: Ticket for Head-on Only Parking
    The code I was cited for pertains to angled parking. The space I was parked in was not an angled parking spot - it was perpendicular to the curb, as were all parking spaces in that lot.
  • 02-10-2015, 09:49 AM
    Mr. Knowitall
    Re: Ticket for Head-on Only Parking
    Leaving aside for the moment the fact that there were signs in the parking lot instructing drivers not to back in, or how difficult it might be to see those signs at night, I don't see anything in the ordinance that would suggest an intent to distinguish parking at a right angle to the curb differently from parking at any other angle.
  • 02-10-2015, 11:14 AM
    Novice
    Re: Ticket for Head-on Only Parking
    Quote:

    Quoting Mr. Knowitall
    View Post
    Leaving aside for the moment the fact that there were signs in the parking lot instructing drivers not to back in, or how difficult it might be to see those signs at night, I don't see anything in the ordinance that would suggest an intent to distinguish parking at a right angle to the curb differently from parking at any other angle.

    The entire section of the code that I was cited for (13-17) is concerning angled parking, and specifically says "Parking Lots. In all municipal parking lots where angle parking is directed by markings on the pavement or road surface, meters, signs or other devices."

    There is no reference in Sec. 13-17, or in any other section of the municipal code, of any regulation for perpendicularly aligned parking spaces. How can I be cited for violation of an ordinance concerning angled parking spaces, when I was not parked in an angled parking space?
  • 02-10-2015, 11:16 AM
    Mr. Knowitall
    Re: Ticket for Head-on Only Parking
    The parking lot had markings on the pavement. The parking lot had signs instructing you not to back into the spots.
  • 02-10-2015, 11:21 AM
    Novice
    Re: Ticket for Head-on Only Parking
    OK - thanks everyone for your responses.
  • 02-10-2015, 11:39 AM
    flyingron
    Re: Ticket for Head-on Only Parking
    90 degrees is an angle. A right angle. This is as opposed to parallel parking.
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