Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The law refers to 100' from State or County Roads. If you're parked in a supermarket parking lot along Nesconset Hwy and have a For Sale sign on your vehicle, you will be subject to a fine -- UNLESS -- you are over 100' from Nesconset Hwy.
This was a QOL law passed a while back to prevent people from sticking for sale signs in their cars and parking them along major roadways for days/weeks on end thus creating an eyesore or potential hazard/distraction.
Shoe polish on window, phone number and as little info as possible -- park wherever you wish and code enforcement can't do squat.
I understand the part reasoning behind the law only if it is parked on a public/major roadway. But if it is parked in your own driveway and it is your own car, then I have a problem with it.
The law refers to 100' from State or County Roads. If you're parked in a supermarket parking lot along Nesconset Hwy and have a For Sale sign on your vehicle, you will be subject to a fine -- UNLESS -- you are over 100' from Nesconset Hwy.
This was a QOL law passed a while back to prevent people from sticking for sale signs in their cars and parking them along major roadways for days/weeks on end thus creating an eyesore or potential hazard/distraction.
Shoe polish on window, phone number and as little info as possible -- park wherever you wish and code enforcement can't do squat.
Because it includes storage also, so I don't know that code enforcement couldn't do anything if you go with the shoe polish method. Then they could always call the number and ask if the car is for sale (and probably 'are you the owner?', 'what's your name, let's meet at the car') and then there's your ticket. If the town got a complaint I could see them taking the proactive step of calling the #.
Are the residential side-streets in Brookhaven owned/operated by the Town or the County? The chapter of the code with this provision has another section that explicitly refers to Town highways, so if the side-streets are Town roads, and you're more than 100' from a state or county road (or 250' from an intersection thereof) then I'm reading it that you can sell a car from your driveway. But I haven't looked through the code thoroughly, there could be a provision relating to Town highways too.
OP, if it's not a major inconvenience for you to appear at the court, you should do it. A lot of the traffic courts will reduce tickets. I was able to get a $95 parking ticket reduced to $35 just by appearing (Nassau County, though, so ToB could be different). Good luck.
Because it includes storage also, so I don't know that code enforcement couldn't do anything if you go with the shoe polish method. Then they could always call the number and ask if the car is for sale (and probably 'are you the owner?', 'what's your name, let's meet at the car') and then there's your ticket. If the town got a complaint I could see them taking the proactive step of calling the #.
Are the residential side-streets in Brookhaven owned/operated by the Town or the County? The chapter of the code with this provision has another section that explicitly refers to Town highways, so if the side-streets are Town roads, and you're more than 100' from a state or county road (or 250' from an intersection thereof) then I'm reading it that you can sell a car from your driveway. But I haven't looked through the code thoroughly, there could be a provision relating to Town highways too.
OP, if it's not a major inconvenience for you to appear at the court, you should do it. A lot of the traffic courts will reduce tickets. I was able to get a $95 parking ticket reduced to $35 just by appearing (Nassau County, though, so ToB could be different). Good luck.
Good luck on figuring out which roads are owned by whom...
State roads are easy, they are all numbered and have the shields on them.
County roads are not always marked with the blue shields and in some cases look like town roads or can be county owned but town maintained.
Unless you can figure out/remember who plows what street when it snows....
Because it includes storage also, so I don't know that code enforcement couldn't do anything if you go with the shoe polish method. Then they could always call the number and ask if the car is for sale (and probably 'are you the owner?', 'what's your name, let's meet at the car') and then there's your ticket. If the town got a complaint I could see them taking the proactive step of calling the #.
Yes, it includes storage as well and quite frankly, I think the law is BS, but it's a law. The asinine side is that the town does not enforce the storage aspect of this law. Case in point: The King Kullen shopping center in Setauket on NYS Route 25A. The hardware store and the bakery each store their commercial, lettered vehicles in the parking spots right along 25A (perhaps 8-10' off 25A -- not 100'). They're parking more vehicles, not less -- given that we have a councilman who lives in the area and shops these stores, a NYS legislator who shops these stores, is the Town turning a blind eye?
With respect to the shoe polish method -- I've lived in the Town of Brookhaven for 21 years. Prior to the law I used For Sale signs to sell my cars. I've been using shoe polish and parking on Middle Country Rd and I've parked on 25A and haven't had a problem on three different occasions -- last one being 1 year ago. (now that I have just jinxed myself)
My question would be when or if it would be entrapment -- can a representative of the Town call someone with a phone number on their window and make inquiries without identifying themselves? If they can and they call -- it's their word against yours, unless they've recorded it. In that situation, don't they have to tell you they are recording the conversation in advance?
Quote:
Are the residential side-streets in Brookhaven owned/operated by the Town or the County? The chapter of the code with this provision has another section that explicitly refers to Town highways, so if the side-streets are Town roads, and you're more than 100' from a state or county road (or 250' from an intersection thereof) then I'm reading it that you can sell a car from your driveway. But I haven't looked through the code thoroughly, there could be a provision relating to Town highways too.
Residential side streets are controlled by the Town unless otherwise they are private roads. Paper roads are also property of the Town unless adjacent homeowners have them abandoned.
I believe you're reading the code correctly in that selling a car from your driveway (provided it is registered, otherwise it would have to be covered) is legal. The only sticky wicket I can think of would be private homes which are situated along the aforementioned State and County highways.
I will add another slant to this. It is on a property that is J2 zoned ; meaning that as far as I know, the house is zoned for residential and the proeprty is zoned commercial!
A few years ago a retired sheriff knocked on my door and told me that the car on my driveway that had no plates, and was for sale, had to be covered with one do those car covers. If I had plates on it then it would be okay, even of it was for sale. He explained that too many people use their driveways as car lots, and too many people would complain to the town, thus the law. I was a little pissed off, but I guess I should be happy that I didn't get a ticket.
A few years ago a retired sheriff knocked on my door and told me that the car on my driveway that had no plates, and was for sale, had to be covered with one do those car covers. If I had plates on it then it would be okay, even of it was for sale. He explained that too many people use their driveways as car lots, and too many people would complain to the town, thus the law. I was a little pissed off, but I guess I should be happy that I didn't get a ticket.
That makes no sense as we had plates on it and a sign that says for sale and it was parked in the driveway. I guess the cop who gave it to me was having a bad day.
That makes no sense as we had plates on it and a sign that says for sale and it was parked in the driveway. I guess the cop who gave it to me was having a bad day.
Wow. That's crazy. I can understand the no plates thing, but with plates means it's a car you're using, not a "lot" car.
With respect to the shoe polish method -- I've lived in the Town of Brookhaven for 21 years. Prior to the law I used For Sale signs to sell my cars. I've been using shoe polish and parking on Middle Country Rd and I've parked on 25A and haven't had a problem on three different occasions -- last one being 1 year ago. (now that I have just jinxed myself)
My question would be when or if it would be entrapment -- can a representative of the Town call someone with a phone number on their window and make inquiries without identifying themselves? If they can and they call -- it's their word against yours, unless they've recorded it. In that situation, don't they have to tell you they are recording the conversation in advance?
I wondered that myself, so I checked quick the definition of entrapment. My bar exam notes say entrapment is if the government unfairly tempted the defendant to commit the crime, and it is only applicable if: 1) the criminal design originated with the government; and 2) the defendant was not predisposed to commit the crime. So I don't think entrapment would apply, as in our scenario the defendant has already committed the "crime" - you already left the car there for sale/storage (I would imagine this is just a violation, not an actual crime).
If I were the Town, I would creep around it - call the number, first say I got your # from this car, do you own it? Then ask, is it for sale? Then express interest, ask what the next step is...(presumably to meet at the car), meet at the car, verify the person's name, ask for proof of ownership, and then you've got them. I don't think it's just the Town official's word against yours because you've got the circumstantial evidence - the car being in that spot, the number on it (I think it's pretty commonly understood that a car with a number on it is for sale). And do you really want to perjure yourself over a ticket that's like $75 and could very well be reduced?
Do you leave your cars overnight when you sell them? I didn't look for a definition of 'storage' but a Town code enforcer could just drive by, see the car there, drive by again and if it's still there send you a ticket for storage. All of this seems like something that would only happen if somebody complained, though.
I wondered that myself, so I checked quick the definition of entrapment. My bar exam notes say entrapment is if the government unfairly tempted the defendant to commit the crime, and it is only applicable if: 1) the criminal design originated with the government; and 2) the defendant was not predisposed to commit the crime. So I don't think entrapment would apply, as in our scenario the defendant has already committed the "crime" - you already left the car there for sale/storage (I would imagine this is just a violation, not an actual crime).
Thank you for going to the books on that one
Quote:
If I were the Town, I would creep around it - call the number, first say I got your # from this car, do you own it? Then ask, is it for sale? Then express interest, ask what the next step is...(presumably to meet at the car), meet at the car, verify the person's name, ask for proof of ownership, and then you've got them.
Legally -- can a representative of the Town 'creep' around it? Wouldn't they have to identify themselves? That aside, phone calls from the Town show up as being from the Town offices on caller ID. If someone had caller ID, they could answer the call (knowing who it was) and simply tell the caller, "It's not for sale." Then what? (I hope you don't mind me picking your brain.)
Quote:
I don't think it's just the Town official's word against yours because you've got the circumstantial evidence - the car being in that spot, the number on it (I think it's pretty commonly understood that a car with a number on it is for sale). And do you really want to perjure yourself over a ticket that's like $75 and could very well be reduced?
I wouldn't perjure myself -- it is a small fine and better to show up and maybe get it reduced. (Hypothetical, as I haven't been in this situation.) The Town hasn't been tough on this law (to the best of my knowledge) and might crack down on shoe polish as it seeks to add revenue to the coffers.
Quote:
Do you leave your cars overnight when you sell them? I didn't look for a definition of 'storage' but a Town code enforcer could just drive by, see the car there, drive by again and if it's still there send you a ticket for storage. All of this seems like something that would only happen if somebody complained, though.
Yes and no. I used to leave the vehicle overnight at a friend's auto repair shop but the last time I did that, it suffered minor vandalism (which cost more than the $75 ticket.) Last time around I brought it home after rush hour.
I believe (wrongly?) that storage applies to lettered vehicles (such as the commercial vehicles I mentioned in the previous post) in addition to the parking of vehicles casually displayed For Sale.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
