1. #1
    Forum Member
    werd's Avatar
    Join Date
    Mar 2009
    Location
    NJ
    Posts
    9

    What Does No Standing Mean?

    In reference to a no parking zone, I see signs that state "no parking, no stopping, no standing". Does that literally mean a person can't stand there, or is it a legal term referring to being in a vehicle but not moving? I am guessing stopping would mean just momentarily occupying the space, while standing would be residing in the area for a longer period of time?
    A friend of a friend got a ticket for stopping in front a fire hydrant to drop someone off, and plans to fight it. It brought up a discussion of no parking zones, and another thought it literally meant a person couldn't stand there.

    IMO, fighting it is a waste of time, but its his time to waste so whatever...I don't care really. I just want to know what the legal definition of standing is.

  2. #2
    Forum Member

    Join Date
    Jan 2008
    Location
    Texas
    Posts
    909
    "Stand" or "standing" means to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.

    Stop" or "stopping" means:

    (A) when required, to completely cease movement; and

    (B) when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic-control sign or signal.

    This is in TX, so NJ might have different definitions.

  3. #3
    Forum Member

    Join Date
    Oct 2008
    Location
    Still Lurking About
    Posts
    582
    You should check www.municode.com to see if your town is listed and check what the actual ordinance says. Some parking ordinances say that "standing" ie. remaining in your car while it's stationary, is the same as "parking". Therefore, if there are signs that say "no parking", you can't technically get out of the ticket by saying, "I wasn't parked, I was standing" (even though the magistrate may let you off anyway). Same goes for a fire hydrant or any other area where there doesn't need to be a sign posted to tell people that parking there is not allowed.

    However, it sounds like a chicksht ticket to me and perhaps the judge or magistrate will apply the common sense that the officer apparently didn't. The reason you can't park in front of a fire hydrant is because the fire department might need access. If your friend was in the car the whole time and was just dropping someone off, he would presumably be out of there before any fires erupted in the area. And even if a fire did take place, he could easily move when the fire trucks started arriving on the street.

  4. #4
    Forum Member
    bluelieu's Avatar
    Join Date
    Mar 2009
    Location
    NYC
    Posts
    76

    No Standing

    In as far as parking enforcement goes, the order of stringency from strictest to least striict is as follows:

    No Stopping - don't stop except for emergency reasons or upon the direction of a LEO.

    No Standing - You may discharge a passenger, however you may not park your car even if the driver is behind the wheel and ready to move (that is "standing")

    No Parking - you may not leave the car unattended...the driver may, however, stay behind the wheel (or stand).

  5. #5
    Conservator of the Forum
    GoldBadge's Avatar
    Join Date
    May 2005
    Location
    New York
    Posts
    3,028
    Quote Originally Posted by bluelieu View Post
    In as far as parking enforcement goes, the order of stringency from strictest to least striict is as follows:

    No Stopping - don't stop except for emergency reasons or upon the direction of a LEO.

    No Standing - You may discharge a passenger, however you may not park your car even if the driver is behind the wheel and ready to move (that is "standing")

    No Parking - you may not leave the car unattended...the driver may, however, stay behind the wheel (or stand).
    All the above is irrelevant if a NYC "Brownie" is involved. Their mentality is, "See vehicle - write summons. We don't need no stinking signs!"

    Lou, 29 years OTJ in Gotham City - God Bless.

  6. #6
    Forum Member
    bluelieu's Avatar
    Join Date
    Mar 2009
    Location
    NYC
    Posts
    76
    Thanx, GB (This year I hit 30 OTJ and 20 as a Lou).

  7. #7
    Forum Member
    Nightshift va's Avatar
    Join Date
    May 2006
    Location
    The South
    Posts
    2,801
    Quote Originally Posted by werd View Post
    In reference to a no parking zone, I see signs that state "no parking, no stopping, no standing". Does that literally mean a person can't stand there, or is it a legal term referring to being in a vehicle but not moving? I am guessing stopping would mean just momentarily occupying the space, while standing would be residing in the area for a longer period of time?
    A friend of a friend got a ticket for stopping in front a fire hydrant to drop someone off, and plans to fight it. It brought up a discussion of no parking zones, and another thought it literally meant a person couldn't stand there.

    IMO, fighting it is a waste of time, but its his time to waste so whatever...I don't care really. I just want to know what the legal definition of standing is.

    Your friend did a bit more than violate a loitering or parking code violation, he parked in front of a "fire hydrant". That's a violation of state code where In my state. It's like parking in a fire zone. It's real petty until the firefighters have to save your life and have to navigate through idiots who park in front of their access to water source or access to the fire itself. I miss the days of when I first got into L.E. and the firefighters during an active alarm call would knock illegal parked cars parked in fire zones up on the curbs out of their way with their fire trucks. Then both the firefighters of the city I worked in and the thoughtless citizen would call us. I would smile as I handed the citizen a ticket just as the wrecker was pulling up to tow away his or her car.
    Last edited by Nightshift va; 04-02-2009 at 02:39 PM.
    "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

  8. #8
    Forum Member
    bluelieu's Avatar
    Join Date
    Mar 2009
    Location
    NYC
    Posts
    76
    Hey NS:
    I've seen the FDNY use their pikes to smash the windows out of cars parked at hydrants and run hoses through the car...that'll learn 'em.

  9. #9
    Forum Member
    Nightshift va's Avatar
    Join Date
    May 2006
    Location
    The South
    Posts
    2,801
    Quote Originally Posted by bluelieu View Post
    Hey NS:
    I've seen the FDNY use their pikes to smash the windows out of cars parked at hydrants and run hoses through the car...that'll learn 'em.
    hahahaha. I doubt it happens much anymore. The violators nowadays are considered "customers". Action does speak louder than words though.
    "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

  10. #10
    Conservator of the Forum
    GoldBadge's Avatar
    Join Date
    May 2005
    Location
    New York
    Posts
    3,028
    Quote Originally Posted by bluelieu View Post
    I've seen the FDNY use their pikes to smash the windows out of cars parked at hydrants and run hoses through the car.
    I've heard of that happening to some MOS who were parked a bit to close to the hydrant.

  11. #11
    Retired Sergeant - CHP
    SgtCHP's Avatar
    Join Date
    Nov 2006
    Location
    Left Coast
    Posts
    6,252
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  12. #12
    Retired Sergeant - CHP
    SgtCHP's Avatar
    Join Date
    Nov 2006
    Location
    Left Coast
    Posts
    6,252
    Quote Originally Posted by bluelieu View Post
    Hey NS:
    I've seen the FDNY use their pikes to smash the windows out of cars parked at hydrants and run hoses through the car...that'll learn 'em.
    Kind of like this!

    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  13. #13
    Forum Member
    werd's Avatar
    Join Date
    Mar 2009
    Location
    NJ
    Posts
    9
    Quote Originally Posted by On The View Post
    However, it sounds like a chicksht ticket to me and perhaps the judge or magistrate will apply the common sense that the officer apparently didn't. The reason you can't park in front of a fire hydrant is because the fire department might need access. If your friend was in the car the whole time and was just dropping someone off, he would presumably be out of there before any fires erupted in the area. And even if a fire did take place, he could easily move when the fire trucks started arriving on the street.
    Here's is his version of it, that he posted on a different forum asking for advice:

    Today I pulled over to drop off my friend at the bank on a very busy street as to not slow traffic, so I of course pulled where the fire hydrant is. I was there maybe 2 minutes waiting for pedestrians and traffic to clear so I could pull away. Right as I am about to pull away a cop hands me a $250 parking ticket for parking in front of a fire hydrant. I never left my car, never turned it off, was obviously trying to pull out as I was staring in my driver side mirror watching traffic the whole time.
    I think since he admits himself that traffic was so heavy it took several minutes before he could exit the spot, it would make getting out of the way in a hurry difficult if the FD truly did need access to the hydrant. That's not even mentioning all traffic that would pulling to the side trapping him further and just making things worse. I think he was stupid, lazy, and deserves no mercy, but that's just my opinion. Maybe he'll learn his lesson. If a judge lets him off, I'm sure he won't learn a damn thing and will probably think its ok to do again in the future.

    Quote Originally Posted by SgtCHP View Post
    Lol that is awesome! The only thing that would be better is if they filled the car up with 300 gallons of water in the process! As mentioned previously in this thread, parking where you shouldn't is one thing, but parking in front a fire hydrant can really make a bad situation way worse, and I have no sympathy for anyone who does it.

    Anyway, thanks for all the the replies everyone, I appreciate!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Click here to log in or register