Search Rutgers Law Library N.J. Court Opinions

1 IN RE LEONIA BOROUGH ORDINANCE NUMBERS 2018-15, 2018-14, AND 2018-17 -- rank: 1000

... THE STATE CONSTITUTION AND VIOLATES THE EXPRESS LEGISLATIVE POLICY IN N.J.S.A. 39:4- 8 CONFERRING AUTHORITY ON THE 1 Attorney General Formal Opinion 1955 ... TIMES SINCE THE 1955 ATTORNEY GENERAL'S OPINION. [POINT THREE] N.J.S.A. 39:4-8 PROVIDES THAT TRAFFIC REGULATIONS ADOPTED BY MUNICIPALITIES AND COUNTIES ARE ... provision to allow municipalities to adopt ordinances 'otherwise provided in' N.J.S.A. 39:4-8. N.J.S.A. 39:4-8(a) provides in part: Except as otherwise provided in this ... is warranted. A-2095-18T4 9 The plain language of N.J.S.A. 39:4-8(a) contemplates that municipalities may pass measures—including ordinances—governing ... traffic ordinances would be passed and submitted to the Commissioner. N.J.S.A. 39:4-8(a). A-2095-18T4 10 Of course, per N. ...

docket:	a2095-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-06
status:	Unpublished
citation:
Document Size:	31674

2 6-8 HOFFMAN PLACE, LLC v. TOWNSHIP OF IRVINGTON -- rank: 962

... that the allegation stated a legal conclusion. The version of N.J.S.A. 39:4-8 on which Irvington relies defines 'self-contained streets.' See infra ... to the Property.' In a written opinion, the judge, citing N.J.S.A. 39:4-8(a), found that 'procedural deficiencies . . . render[ed] ordinances unenforceable as ... DOT approval; and in relying on an amended version of N.J.S.A. 39:4-8 that was not in place when Irvington adopted the ordinances ... Super. at 633. Irvington does not dispute the applicability of N.J.S.A. 39:4-8 to this case and the ordinances at issue. It asserts ... correctly notes that the judge applied the current version of N.J.S.A. 39:4-8 instead of the version in place when Irvington adopted the ... conclusion that the ordinances are unenforceable. Although the version of N.J.S.A. 39:4-8 in place when Irvington adopted the ordinances did not ...

docket:	a2141-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-05
status:	Unpublished
citation:
Document Size:	28794

3 STATE OF NEW JERSEY v. ROBERT BARRETT -- rank: 922

... signal monitoring systems, commonly known as red light cameras. See N.J.S.A. 39:4-8.12 to -8.20. Under N.J.S.A. 39:4-8.14(a), "[a] municipality desiring to participate in the program ... the amber light shall be increased by one-half second[.] [ N.J.S.A. 39:4-8.14(a)(3).] Thus, a red light camera cannot be ... camera without first applying and including the certification required under N.J.S.A. 39:4-8.14(a)(3). The court "could therefore properly determine that ... the traffic control device was not placed in accordance with N.J.S.A. 39:4-8.14(a)(3), or inspected and certified every six months as required by N.J.S.A. 39:4-8.14(e). Even if this weak evidence was sufficient ...

docket:	a5467-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-16
status:	Published
citation:
Document Size:	31030

4 STATE OF NEW JERSEY v. RYAN MELSKY -- rank: 918

... Nissan, for failure to observe a traffic signal, pursuant to N.J.S.A. 39:4-8.15 and N.J.S.A. 39:4-81. The ... J.S.A. 39:4-81, which is processed under N.J.S.A. 39:4-8.15's traffic control monitoring system, is analogous to a ... imprisonment, points, and license suspension. Yet, a violation produced by N.J.S.A. 39:4-8.15 entails only a fine, and yields no possibility of ... of the vehicle that failed to observe the red light. N.J.S.A. 39:4-8.15(b) provides that the owner and operator [of a ... at an unmarked crosswalk, into which the driver is turning. N.J.S.A. 39:4-8.15 reads, in part, as follows: b. Except as provided ... of a vehicle are "jointly liable" for traffic violations under N.J.S.A. 39:4-8.15, the statute clearly provides that the owner can ...

docket:	a0193-12
court:	NJ Superior Court Appellate Division
decided:	2013-04-16
status:	unpublished
citation:
Document Size:	43362

5 STATE OF NEW JERSEY v. PAUL MARINACCIO -- rank: 872

... Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). N.J.S.A. 39:4-8(c) authorizes a municipality to regulate parking by ordinance, stating ... municipal ordinance prohibiting on-street overnight parking is valid under N.J.S.A. 39:4-8(c) because the statute permits a municipality to 'prohibit general ... 199 N.J. Super. 201, 207 (App. Div. 1985) (quoting N.J.S.A. 39:4-8(c)(1) and (3)). Enactment of a parking ordinance alone ...

docket:	a0271-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-23
status:	Unpublished
citation:
Document Size:	32720

6 STATE OF NEW JERSEY v. MARTIN F. SMITH -- rank: 772

... the County of Morris or Township of Parsippany complied with N.J.S.A. 39:4-8(b) in the absence of proof that the Commissioner of ... to present any evidence of authorization for the sign. See N.J.S.A. 39:4-8. 5 See also N.J.S.A. 39:4-183 ... maintained by the State. To the extent that compliance with N.J.S.A. 39:4-8 is necessary to establish in some other prosecution that a ...

docket:	a5217-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-30
status:	published
citation:	408 N.J. Super. 484 975 A.2d 523
Document Size:	40917

7 State v. Kevin -- rank: 753

... is invalid because it was not passed in conformity with N.J.S.A. 39:4-8(b); (4) the absence of notice and irregularities in the ... the Borough's ordinance was not passed in conformity with N.J.S.A. 39:4-8(b). That statute provides, in relevant part, that "no ordinance ... same is approved by the [New Jersey Commissioner of Transportation.]" N.J.S.A. 39:4-8(a). By its express language, that statutory provision only applies ... conditions[;]" the statute does not apply to parking ordinances. Thus, N.J.S.A. 39:4-8(b) states: A municipality may, without the approval of the ...

docket:	a3033-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	unpublished
citation:
Document Size:	24059

8 JOSEPH A. GARDI v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 663

... i o l a t i v e o f N . J . S . A . 39: 4 - 8 1 ; a p p e l l a nt w ...

docket:	a6011-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-04
status:	unpublished
citation:
Document Size:	274132

9 BRYCE PATRICK v. CITY OF ELIZABETH -- rank: 591

... be, so determine they are necessary.") (emphasis added); See also N.J.S.A. 39:4-8.10(b) ([A] municipality . . . may . . . construct traffic calming measures where ...

docket:	a2792-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	published
citation:	449 N.J.Super. 565 159 A.3d 906
Document Size:	39498

10 IN RE BOROUGH OF LEONIA ORDINANCE NUMBERS 2018-14, 2018-15, and 2018-17 -- rank: 573

... OF TRAFFIC ON THE PUBLIC HIGHWAYS. POINT III CONTRARY TO N.J.S.A. 39:4-8(A), THE COMMISSIONER CONSIDERED FACTS BEYOND WHAT WAS SUBMITTED BY ... s traffic count data did not support the ordinances. See N.J.S.A. 39:4-8(a). While acknowledging Leonia's undisputed authority to enact traffic ... reasons for the municipal engineer's decision as required by N.J.S.A. 39:4-8(a).' The Commissioner also noted that New Jersey has a ...

docket:	a0777-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Unpublished
citation:
Document Size:	9846

11 STATE OF NEW JERSEY v. ABRAHAM M. ABRAMSON -- rank: 542

... jeopardy bars the State's appeal. Affirmed. 1 Pursuant to N.J.S.A. 39:4-8.14(a)(3), a municipality desiring to participate in the ...

docket:	a0363-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	23498

12 ALMA MILEY v. ANDREW M. FRIEL -- rank: 495

... the Commissioner of Transportation A-3388-18T1 3 pursuant to N.J.S.A. 39:4-8 and N.J.S.A. 39:4-202, rendering the ...

docket:	a3388-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-09
status:	Unpublished
citation:
Document Size:	16271

13 ALL NATIONS TAXI v. CITY OF NEW BRUNSWICK -- rank: 408

... to Count Four of the complaint, Judge Longhi held that N.J.S.A. 39:4-8 does not preempt the parking, stopping and standing regulations contained ...

docket:	a5362-05
court:	njappellate
decided:	2008-07-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51981

14 STATE OF NEW JERSEY v. ELLEN HEINE -- rank: 367

... rights." Municipalities are authorized to "prohibit or restrict general parking." N.J.S.A. 39:4-8(c)(1). Municipal ordinances are presumed to be both valid ...

docket:	a2804-08
court:	superior court appellate division
decided:	2009-12-07
status:	unpublished
citation:
Document Size:	24282