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Dear Montclair Parking Authority...

Michael Woods writes about his problem with parking in Montclair.

 

 

I've been attempting over the last year to have the Montclair Parking Authority address the problem of "time limit parking streets" within the township.

I will be addressing the MPA advisory board about this issue at 8:30 a.m. on Wednesday, May 16 during its meeting at the municipal building.

As I'm sure you are aware, the MPA has been struggling with financial debt since its creation. As a result, the MPA enforcement officers have been aggressively issuing summonses on streets where time limit parking exists. I live on Gates Avenue between Union Street and Hawthorne Place, which is a residential neighborhood. We have two-hour parking restrictions on that section of Gates Avenue.

Sadly, because it is a residential neighborhood, the people being issued tickets are residents of Gates Avenue. I am one of those who has received tickets, although they have been dismissed in court.

For the last year, I addressed this with the mayor, the township council, the MPA, and 4th Ward Councilor Renee Baskerville—with little success.

I don't feel they should have two-hour parking on my street as it's a residential neighborhood, but that's not the problem. There is a need for time limit parking for areas around train stations and businesses to prevent people from parking and clogging the streets all day.

But the problem is that the ordinance is not clear and must be changed. They have the word "all" in the ordinance for about half of the streets in the town. But it doesn't say what this word means. So it must to clarified. But the signs must be clarified as well, which will be costly for the town to do.

Here is an example of the ordinance:

327-20 Time Limit Parking
Gates Avenue 2 hrs.; 8:00am to 6:00pm/Monday through Friday/ALL; Entire block between Union Avenue and Hawthorne Place.

As you can see from the above, some streets have that word ALL. Nowhere in the ordinance does it say what it means, nor do any of the signs have the word all. According to the MPA, that word is to mean a two-hour parking limit all day.

So you can park on that street for two hours, and then you must be off that street for the rest of the day. This is to prevent people from parking for two hours then taking their car and moving it to the other side of the same road.

But I received my OPRA request information advising that the definition of "all" does not exist in  the ordinance. Somewhere during the course of several years, this word "all" was added to many streets. In order for this to be enforced, they must explain what the word "all" means, as it is left open to interpretation. All the signs must be changed.

The second problem is the way it's enforced. The enforcement officers are using observation to determine if a vehicle has been parked for too long. In the past they marked tires with chalk, then issued a ticket. Observation by a parking enforcement officer will not hold up in court.

The township is well aware of the problem with the ordinance, signs, and enforcement problem but still continues to have the officers enforce the parking restrictions.

The municipal judge is aware of the problem, which is why anyone who pleads not guilty and goes to court will have their ticket dismissed.

The town is banking on most people just paying the ticket. With 25 years of working in law enforcement, I have never seen a township continue to issue summonses they know can't be legally enforced.  

Related Topics: Opinion

mandy

11:28 am on Tuesday, May 15, 2012

Amen! I've had to go to court to get 3 tickets dismissed for the same thing. I no loner even park on my street. I park around the corner.

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R. Moretti

11:35 am on Tuesday, May 15, 2012

I also live on Gates Avenue in the same section. I, too, find it appalling that they continue to issue tickets. What are the residents supposed to do? This kind of behavior makes me think twice about living in Montclair.

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Eileen Lundberg

11:40 am on Tuesday, May 15, 2012

This is definitely an unclear parking "violation" area. We parents of the nearby MMO Preschool have been harassed this year by the two parking violations officers who circle the school at drop-off and pick-up times each day. Parents and caregivers are only parking on The Crescent, South Fullerton or Plymouth Ave for a brief time to get their kids in and out; they are not parking their all day. Recently we were having a volunteers' meeting and when it was approaching the 2 hour mark, those of us parked on Plymouth drove around and found new spots for our cars. About 15 minutes later, we were ticketed although we had parked on the other side of the street almost 2 blocks away and the street was half empty. The ticketer said "well you can't park here again the same day." Ridiculous. This intensified circling of the area next to the preschool and library must be an attempt to get revenue from mothers and library-goers to make up for the loss of tickets from the South Park St. construction area. We are each fighting our tickets.

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Norma Quast

2:09 pm on Tuesday, May 15, 2012

The MPA and the enforcement of its rules is Kafka-esque, at best. If the rules are enforced then their application is draconian, and if the rules aren't enforced, it begs the question why they are on the books in the first place. The MPA seems to hold residents who do not have off-street parking in disdain and goes out of its way to make our lives exceedingly more difficult than they need or should be. Their are countless reasons why the MPA is bankrupt - both financially and morally - but to maintain my sanity in the face of that which is insane, I have had to stop thinking about it.

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Adam

2:33 pm on Tuesday, May 15, 2012

Just park in the lot opposite the police station on Bloomfield Avenue (where the new yogurt place is located). Rumor has it the PA has a "deal" where they wont ticket anyone parked in the meter spots, whether the meter is expired or not. However, if you park in the permit spots without a permit, you might get a ticket. With deals like this is iit any wonder they didn't make enough money to pay back the debt?

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Crafty Spiker

3:06 pm on Tuesday, May 15, 2012

The town government should stop treating citizens as a revenue source. They are supposed to serve us, not the other way around.

Another fine mess that no one will ever fix.

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Ken

1:09 pm on Thursday, July 12, 2012

Don't you think the town needs revenue sources to support the services provided to residents and shoppers and lower the debt burden? Do you have any other idea(s) on how to increase town revenue?

Shelley Emling

3:08 pm on Tuesday, May 15, 2012

Thanks for the info Eileen.. interesting.

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Stuart Weissman

3:13 pm on Tuesday, May 15, 2012

They could make tons of money around the Walnut Street Train Station too. The commuters park all up and down Grove from Oxford North. Chestnut is too a parking lot for commuters from Grove up to the underpass by the arena. When I used to walk my dog at 7am, I would see the same people park and run to the station every single day. Can you blame them when you can't get a permit at the train station and even if you do, it costs over $700 per year?

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Right of Center

5:01 pm on Tuesday, May 15, 2012

"2 hrs.; 8:00am to 6:00pm/Monday through Friday/ALL; "

But it doesn't sat that.

It says "2 hrs.; 8:00 a.m. to 6:00 p.m./All" In a column labeled "Time Limit; Hours/ Days" Thus "all" refers to all days as opposed to Monday through Friday.

It's not unclear at all.

http://www.ecode360.com/7189173

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mikew

5:15 pm on Tuesday, May 15, 2012

Thank you for your imput "Right of Center" but according to the MPA, thats not what all means.

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Right of Center

5:20 pm on Tuesday, May 15, 2012

Who at the MPA someone who answered the phone?

The assertion that it is unclear is just, flatly wrong. The days of the restriction are indicated OR the word "all" appears to indicate all days.

What you've indicated "Gates Avenue 2 hrs.; 8:00am to 6:00pm/Monday through Friday/ALL; "

does not appear in the code, that I can see, can you point it out in the code specifically?

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Townie

5:30 pm on Tuesday, May 15, 2012

This is an impossible situation that'll never be resolved to everyone's satisfaction.

On the one hand you have residences with no onsite parking. Some of those who live in these units want free parking and expect the township to provide it, while some make arrangements to keep their vehicles off the streets. Michael has been fighting this forever. He was even on the Parking Advisory Committee some years back in a failed attempt to make headway for his block of Gates Avenue.

There was a plan to address the problem in 2009 but it met with opposition and barely lasted two months, http://bit.ly/IWxaFQ

The unclear two hour regulation is a piece of this larger issue. On street parking is a layered, marbled mess. The smart thing to do would be quiet non-enforcement of any regulation that routinely gets tossed out at Traffic Court. Most of us are sympathetic to affordability arguments, yet taxpayers also want enforcement to pay for itself, but not be predatory. Too many vehicles, lots of conflicted priorities and righteous indignation.

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Right of Center

5:48 pm on Tuesday, May 15, 2012

It sounds like the "tossed out" issue is because of how the officers are judging the presence, not the law.

The law is clear and easy to understand:

Time Limit; Hours/ Days
2 hrs.; 8:00 a.m. to 6:00 p.m./All

Note the semi-colon and slash delimiters.
It's no more difficult to understand than:

hour:minutes/day
12:30/Friday

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mikew

5:55 pm on Tuesday, May 15, 2012

When the governing body created an ordinance for the Montclair Parking Authority, I was very happy. I am familiar with how Authorities and Commissions work in this state. I felt there was a need for a Parking Authority a long time ago, and a separate authority to manage and administer all parking issues from permits, garages, meters, and street parking was proper. Many towns have parking authorities and they work well. Through fees they manage and maintain parking lots and garages, they offer services to their community such as snow removel in their business district and transportation to the seniors to doctor appointments. So I am personally an advocate for a parking authority, as I see it work well in many communities.

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mikew

5:56 pm on Tuesday, May 15, 2012

Unfortunately, that is not the case in Montclair. And the following statement is my opinion only. I feel the MPA was created by former elected officials and town manager for its sole purpose to bond, and the town getting the windfall of money through lease agreements with the MPA to help them in their budget problem. Again, its my opinion only. The township has changed the agreement with the MPA to get more revenue from them. With a sluggish economy and the MPA not getting the fees the projected, they are in financial crisis. If the MPA are unable to pay the bonds, the tax payers will end up paying, period. The director they hired had the educational background and ability to manage the authority well, but that did not happen.
There are so many problems with parking today as there were 10 years ago.
Why isn't there an overnight parking ordinance for streets that need parking. If managed correctly, it works well and they issue permits and generate revenue. I can go on and on

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Right of Center

6:21 pm on Tuesday, May 15, 2012

"Why isn't there an overnight parking ordinance for streets that need parking. "

There shouldn't be overnight street parking because it encourages crime. Most towns prohibit it in NJ. There are daily hang tags for visitors at $5 per night.

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mikew

6:22 pm on Tuesday, May 15, 2012

Right of Center
Your are correct, the ordinance says Gates Ave 2hr parking 8:00am to 6:00pm/all between Union and Hawthrone. The sign in front of my house says 2hr parking Mon-Fri 8:00 to 6:00pm, and thats it, no ALL

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mikew

6:26 pm on Tuesday, May 15, 2012

Incorrect, there is no evidence that overnight street parking increases crime. If you can show evidence of that, great. You can call the police department to verify

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Right of Center

6:29 pm on Tuesday, May 15, 2012

Well then there is nothing unclear about "all" as you maintain. "all" need not be defined.

And your citing of the text of the law is factually incorrect.

So I would think you have grounds for dismissal for any ticket received over the weekend, but not on the weekday. Except in the case of overnight parking which is prohibited town wide and does not need a sign.

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Right of Center

6:36 pm on Tuesday, May 15, 2012

"Incorrect, there is no evidence that overnight street parking increases crime. "

That's your opinion. That's the law and it should not change, in my opinion.

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mikew

6:43 pm on Tuesday, May 15, 2012

Its not an opinion. Please, if you can show evidence that my statement is incorrect, then I will delete that posting

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Right of Center

7:04 pm on Tuesday, May 15, 2012

It's not my job to prove you wrong. If you make a claim and you want it taken seriously, you prove it.

If it helps, I'm happy to state that "There shouldn't be overnight street parking because it encourages crime." is my opinion.

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Right of Center

7:07 pm on Tuesday, May 15, 2012

p.s. not that I'm much interested in a debate about overnight parking. But your central thesis of this post that the law is undefined or unclear has been proven false. So it's a tempest in a teapot.

The only issue would be the incorrect signs, which should, of course be corrected. And so as not to waste anyone's time, ticketing from 8-6 on weekends should be suspended until the signs are corrected.

Have you received tickets for 2 hour limits over the weekend?

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mikew

7:36 pm on Tuesday, May 15, 2012

Great, we are all entitled to our own opinions, we are not entitled to our own facts. Thank you for clarifying the meaning of the word ALL. The MPA will be instructed of the correct defination, as theirs differ.

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mikew

9:53 am on Wednesday, May 16, 2012

Follow up. My concerns were heard today by the Montclair Parking Advisiory Board. I want to thank the entire board for there concern and understanding with this problem. There willingness to find the solution is greatly appreciated.
Thank you

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