Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Township of Teaneck v. Siegel

Decided: April 24, 1964.

TOWNSHIP OF TEANECK, PLAINTIFF,
v.
BERTRAM SIEGEL, DEFENDANT



Gordon H. Brown, J.c.c.

Brown

[83 NJSuper Page 475] Defendant Bertram Siegel has appealed his conviction in the Teaneck Municipal Court for violating ordinance No. 1094 of that township. It is stipulated that his automobile was parked on Cedar Lane, a municipal street, at 5:23 P.M. on January 13, 1964, prior to

the time the street was plowed and after at least three inches of snow had fallen. Invoked against the defendant is the following from section 8 of the ordinance:

"No person shall park a vehicle in the following places: * * * anywhere upon the Township streets where the snow has reached 3", until after the streets are plowed."

Defendant's conduct was squarely prohibited. He contends, however, that the quoted portion of the ordinance is void because the township has not complied with N.J.S.A. 39:4-198. That statute provides in part:

"No ordinance * * * enacted * * * by local authorities * * * under any power given by this chapter or any supplement thereto shall be effective unless due notice thereof is given to the public by placing a sign at the places where the ordinance * * * is effective, and by briefing its provisions on signs according to specifications contained in this chapter * * *. These signs shall be so placed as to be easily read by pedestrians or operators of vehicles."

No signs have been posted. For this reason, defendant says, the snow regulation never became effective to make his conduct an offense. He seeks an acquittal on this ground.

Chapter 4 of Title 39 of the Revised Statutes comprehends "Traffic Regulation," and Article 16 thereof pertains especially to "Parking." By these parts of the Motor Vehicle and Traffic Act certain uniform rules are specified. They are made binding upon the municipalities:

"No municipality shall pass an ordinance * * * on a matter covered by or which alters or in any way nullifies the provisions of this chapter * * *." (N.J.S.A. 39:4-197)

Since "parking" is a matter covered by chapter 4 (R.S. 39:4-135 through 139), as amended, there would thus be no basis for municipal entry into that field of traffic regulation except for a further grant of power derived from the same section, N.J.S.A. 39:4-197:

"* * * a municipality may pass ordinances * * * regulating special conditions existent in the municipality on the subjects and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.