Judge Overturns Point Pleasant Beach Parking Ordinance

Point Pleasant Beach’s parking ordinance has been ruled unconstitutional by an Ocean County Superior Court judge, after a Mechanicsville man appealed a parking ticket he received in the summer of 2013, the Asbury Park Press reports.

Kevin D. Walsh appealed the ticket, which cited him for failure to display proof of parking, saying the signs and pay stations didn’t warn drivers they could be ticketed for not displaying the parking receipt on the dashboard on the driver’s side.

Walsh was cited even though he had the receipt, dated Aug. 4, 2013, the same date as the parking ticket.

Walsh, an attorney from Camden County, now is aiming to get refunds for other drivers he believes were unfairly ticketed, he told the Press.

Ocean County Superior Court Judge Rochelle Gizinski said in her decision Friday that the signs didn’t provide a sufficient warning to drivers that a parking receipt had to be displayed in a specific location in the vehicle as proof of payment, according to Walsh and special attorney for the borough Sean Gertner.

“The day it happened I knew it was illegal and wrong,” Walsh said of the summons, issued for failure to display proof of parking. “The signs didn’t say put it on the driver’s side.”

Gertner told the Asbury Park Press an illustration on the parking pay station shows drivers where to place the receipt.

“The borough’s position remains it’s sufficient notice and remains so, as a municipal judge found,” Gertner said. “In our opinion there was sufficient notice at the point of obtaining the registration (the pay station). A graphic shows where to display the receipt.”

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