Something wrong with this picture?

3/31/2010:

Hoboken411 reader Ross wants YOU to decide whether he rightfully received his parking summons for “parking on the sidewalk.”

Is this Hoboken car parked illegally?

“I’ve been a resident of Hoboken for just over a year now and while the quality of people, restaurants, bars, shops, and events in this town have been impressive, there is one thing that is bugging me…

I am one of the lucky residents: I have a driveway. In fact, the apartment was advertised with a 2 car driveway. My roommate and I have parked our cars one behind the other each night without issue for over 6 months, that is, until earlier this month.

On the morning of March 11th, while I was fast asleep at 2:55am, I was in fact breaking the law. I was parked on a sidewalk according to an officer of the city of Hoboken who shall remain anonymous.

Now, normally I would just pay off the ticket, however I don’t believe I am guilty in this instance. I took the attached photo the morning of March 11th after I found the summons on my windshield. Notice that my car is actually leaving plenty of space on the sidewalk. And even if you argue that maybe that isn’t enough space, notice that just a bit further down the sidewalk, my building’s stairs are actually blocking the sidewalk more than my car!

So my court date is fast approaching and I haven’t yet pleaded guilty because a lot rides on this. If in fact this is truly illegal, then I will have to give up my driveway spot, or face paying a parking ticket every few months. So before I go and fight this, I wanted to know what the Hoboken411 community’s opinion was. Am I being wrongfully accused by an overzealous officer who’s part of a corrupt government that’s out of control, or am I in fact breaking the law?

You decide!

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22 Comments on "Something wrong with this picture?"

homeworld
Member

@whineanddineinhob, I am aware of that, but those were the only mentions of vehicles and sidewalks in the Hoboken Municipal ordinance, so unless a state statute is cited on the summons, I can’t imagine what else he was allegedly violating.

xtreme
Member

Admittedly, I’m no expert on this by any means but my bet is that you be told that the entire length of the car must be fully inside the plane of the house. Their reasoning will probably be something along the lines of by virtue of the car extending beyond the plane of the house (not stairs) that it becomes an obstacle to pedestrians.

Haven’t you seen the size of some of the strollers being pushed around town?!! How do you expected them to pass?!!

I’d be interested to hear the court’s response on this one. Good luck!

xtreme
Member

“Haven’t you seen the size of some of the strollers being pushed around town?!! How do you expected them to pass?!!”

This part was meant to be sarcastic but H411 doesn’t accept the brackets I used 🙂

In response to xtreme who said:
Admittedly, I’m no expert on this by any means but my bet is that you be told that the entire length of the car must be fully inside the plane of the house. Their reasoning will probably be something along the lines of by virtue of the car extending beyond the plane of the house (not stairs) that it becomes an obstacle to pedestrians.

Haven’t you seen the size of some of the strollers being pushed around town?!! How do you expected them to pass?!!

I’d be interested to hear the court’s response on this one. Good luck!

hobposer
Member
hobposer

Was the fine $2000?

Furey
Member

One thing many new people don’t realize is that people in Hoboken in years past would just “create driveways”.

They would rent a concrete cutting blade, cut the sidewalks and make a driveway. There was nothing legal here. No variances or zoning changes back then people just did it quietly and no one cared.

So now you have the rules being enforced on illegal work that was done long ago.

plywood
Member
plywood

You’re exactly right. There have also been hundreds of illegal driveways removed in Jersey City.

In response to Furey who said:
One thing many new people don’t realize is that people in Hoboken in years past would just “create driveways”.

They would rent a concrete cutting blade, cut the sidewalks and make a driveway. There was nothing legal here. No variances or zoning changes back then people just did it quietly and no one cared.

So now you have the rules being enforced on illegal work that was done long ago.

plywood
Member
plywood

Just another quick point: the designation of a sidewalk has nothing to do with what is paved or not. It is a fixed measurement from the curb which may or may not have a strip of dirt or grass between it and the road.

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