SENATE, No. 1082

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED FEBRUARY 14, 2008

 


 

Sponsored by:

Senator ANDREW R. CIESLA

District 10 (Monmouth and Ocean)

Senator JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

Assemblyman  RUBEN J. RAMOS, JR.

District 33 (Hudson)

Assemblywoman  CARIDAD RODRIGUEZ

District 33 (Hudson)

 

Co-Sponsored by:

Senator Sacco, Assemblymen Wolfe, Holzapfel, Diegnan, Giblin, Rumana, Assemblywoman Evans and Assemblyman Chivukula

 

 

 

 

SYNOPSIS

     Permits municipality to determine permissible parking distance from intersection, crosswalk or “stop” sign.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning parking, amending R.S.39:4-138 and supplementing chapter 4 of Title 39 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  R.S.39:4-138 is amended to read as follows:

     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:

     a.  Within an intersection;

     b.  On a crosswalk;

     c.  Between a safety zone and the adjacent curb or within at least 20 feet of a point on the curb immediately opposite the end of a safety zone; 

     d.  In front of a public or private driveway;

     e.  Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except at alleys and as provided in section 2 of P.L.    ,c.    (C.       ) (pending before the Legislature as this bill.);

     f.  On a sidewalk;

     g.  In any appropriately marked "No Parking" space established pursuant to the duly promulgated regulations of the Commissioner of Transportation;

     h.  Within 50 feet of a "stop" sign except as provided in section 2 of P.L.    ,c.    (C.        ) (pending before the Legislature as this bill.);

     i.  Within 10 feet of a fire hydrant;

     j.  Within 50 feet of the nearest rail of a railroad crossing;

     k.  Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly signposted;

     l.  Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic, when properly signposted;

     m.  On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

     n.  Upon any bridge or other elevated structure upon a highway, or within a highway tunnel or underpass, or on the immediate approaches thereto except where space for parking is provided;

     o.  In any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to P.L.1977, c.202 (C.39:4‑197.5), P.L.1975, c.217 (C.52:27D‑119 et seq.) or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle. State, county or municipal law enforcement officers or parking enforcement authority officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.

     No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

(cf: P.L.1989, c.201, s.1)

 

     2.  (New section) A municipality may mandate by ordinance the permissible distance a person may park a motor vehicle from a crosswalk, side line of a street or intersecting highway, or "stop" sign.  A municipality may not, however, permit parking within 25 feet of a crosswalk or side line of a street or intersecting highway or within 50 feet of a "stop" sign in a school zone during hours when school is in session.

 

     3.  This act shall take effect on the first day of the third month following enactment.

 

 

STATEMENT

 

     This bill gives municipalities the authority to set certain permissible parking distances.  Under current law, a person is required to leave 25 feet between their motor vehicle and a crosswalk or the side line of a street or intersecting highway.  A person is required to leave 50 feet between their motor vehicle and a "stop" sign.  The bill would allow a municipality to change these distances by ordinance; however, under the terms of the bill, a municipality would not be able to change permissible parking distances in school zones when school is in session.  The purpose of this bill is to address parking shortages.