Maplewood Township Ordinance--Arrest Warrant issued

I had positioned a stand alone basketball hoop on the grass between the sidewalk and the actual street outside my home. The hoop was not located in the actual street or on the sidewalk . I received an ordinance, telling me to move the hoop, which I did, likely too late as it was embedded in snow for some time. 

Now, I've received a follow up warrant for my arrest, with bail set at $150.00 

I called the court to offer to pay and was told that I could not simply pay and go on my way. I need to appear in court, at which time I could refuse to pay or plead my case. 

Has anyone run across this type of situation?

I have seen hoops such as the one you describe on the grass strip adjacent to the roadway, usually facing the roadway, on some roadways in town that are determined to be low traffic.  I do not see them out during months when snow is likely since, if I recall correctly, they are not permitted during months when snow is likely to be on the ground.  If your hoop was out beyond the permitted time period, then the town is enforcing an ordinance which has public safety ramifications.  My advice would be to make the court appearance and present your side of the story.

What do you mean you received an 'ordinance'?  Did the notice give you a deadline to move it?  If not that will help.  I don't know if it would have helped to contact the town to tell them it can't be moved because of the snow, they might have just told you to shovel out the snow and find a way.  An arrest warrant is bizarre.  I could see a desk appearance ticket, but if you have never been summoned to court, it is morally and ethically wrong to threaten arrest.

When you get to court be apologetic, take responsibility, bring pictures showing it is gone....and hope the court gives you a break.

Um, a few months ago I was told on another thread that my speculation that it was possible that Maplewood might occasionally harrass and arrest people for the tiniest of infractions, as in Ferguson (approximately 10 miles from my abode), would be completely out of the realm of the possible.

That sounds odd.  If there were truly a warrant out for your arrest, shouldn't they be asking you to turn yourself in for the arrest and not just appear in court to plead your case and pay/not pay the fine?  If there is a warrant out for an arrest, and the police know where you are, aren't they supposed to come and get you?  Sorry, but I'm having trouble believing an arrest warrant would be issued for this minor quality of life issue unless you have ignored more than the one request you say you got.  Is what you received actually a desk appearance ticket that says if you don't appear, a warrant may be issued for your arrest?  

To add on to what Joan posted, street side hoops are allowed from 4/1 - 12/31, to the best of my knowledge.

chopin said:

Um, a few months ago I was told on another thread that my speculation that it was possible that Maplewood might occasionally harrass and arrest people for the tiniest of infractions, as in Ferguson (approximately 10 miles from my abode), would be completely out of the realm of the possible.

I believe it. In fact, I have experienced something along those lines.

I wouldn't admit anything. I'm sure you're willing to pay $150 to make this go away. Call a lawyer and tell him that.

khkiley said:

To add on to what Joan posted, street side hoops are allowed from 4/1 - 12/31, to the best of my knowledge.

That is an off time frame...i wonder how they came up with that?  April through October seems to make more sense..

Comparing Maplewood to Furguson is is disturbing and inaccurate.  There is no evidence that the town is financing community services through the police.  In a Furguson-like operation, he would have been fined on the first notice of violation.  Hoops get in the way of snow clearance -- it was a big issue a few years ago and the ordinance was clarified.  The OP was notified of the need to move the hoop, and failed to comply.  Now the OP has been fined and required to appear -- not arrested.  That is not harassment, it is enforcement.

jmitw said:

khkiley said:

To add on to what Joan posted, street side hoops are allowed from 4/1 - 12/31, to the best of my knowledge.

That is an off time frame...i wonder how they came up with that?  April through October seems to make more sense..

Generally, we do not get accumulating snow until January.

In the ten years I have records for, the only snowfall over 4" in December was on 12/27/10 when we got 6.5"

Going back to the Newark Airport records, we got clobbered in '03 with 16.5" over two days, 12/5-6.

The only other time recently was 12/9/05, 6"

The only significant November snowfall in the last 25 years was 6" on November 7, 2012.

So that is 3 snowfalls over 4" in December in 16 years.  That is probably why they went with including November and December.  

Can you tell I have a project due that I really do not want to be working on? ;-)

Max what about that 2010 Xmas blizzard? Didn't we get like two feet of snow?

Maybe Maplewood only got 6" of snow in December 2010, but in South Orange it was well over a foot. I very clearly remember pulling in front of the house from a Christmas out of town and realizing I couldn't get into the driveway. Then I carried a newborn through snowdrifts and spent the night shoveling.

max_weisenfeld said:

jmitw said:

khkiley said:

To add on to what Joan posted, street side hoops are allowed from 4/1 - 12/31, to the best of my knowledge.

That is an off time frame...i wonder how they came up with that?  April through October seems to make more sense..

Generally, we do not get accumulating snow until January.

In the ten years I have records for, the only snowfall over 4" in December was on 12/27/10 when we got 6.5"

Going back to the Newark Airport records, we got clobbered in '03 with 16.5" over two days, 12/5-6.

The only other time recently was 12/9/05, 6"

The only significant November snowfall in the last 25 years was 6" on November 7, 2012.


So that is 3 snowfalls over 4" in December in 16 years.  That is probably why they went with including November and December.  

Can you tell I have a project due that I really do not want to be working on?

Check 12/26/10

Got it.  17.7" on the 26th, 6.5" on the 27th.  For some reason, the Newark data for the 26th does not come up when you run the report, you have to go into the database to see it. 

max_weisenfeld said:

Comparing Maplewood to Furguson is is disturbing and inaccurate.  

+1

Sounds like you got a ticket quoting the ordinance involving basketball hoops, didn't pay, the court issued a bench warrant in some B/w automated tear off sheet, and now you have to go to court to pay/clear it.  All SOP in any municipality I know of and hardly a matter of harassment.  I had a few of these for unpaid parking tickets, two of which at two different times when had the wrong plate on the ticket.

Plead it or pay it.

ice said:

max_weisenfeld said:

Comparing Maplewood to Furguson is is disturbing and inaccurate.  

+1

The problem with quality of life enforcement in impoverished towns is that a lot of people don't have the means to deal with the initial ticket and the problem compounds.  While there are plenty of differences between Maplewood and Ferguson, the one that matters most is household income.

tjohn said:

i

The problem with quality of life enforcement in impoverished towns is that a lot of people don't have the means to deal with the initial ticket and the problem compounds.  While there are plenty of differences between Maplewood and Ferguson, the one that matters most is household income.

I agree, but the other important difference is that Maplewood's operating budget does not depend on income generated by tickets and fines.

Nor does an automated bench warrant (as I assume this is) carry any racial connotation.

mjh said:

tjohn said:

i

The problem with quality of life enforcement in impoverished towns is that a lot of people don't have the means to deal with the initial ticket and the problem compounds.  While there are plenty of differences between Maplewood and Ferguson, the one that matters most is household income.

I agree, but the other important difference is that Maplewood's operating budget does not depend on income generated by tickets and fines.

Fair enough.  I agree that when quality of life law enforcement becomes a source of revenue, nothing good can come of it.

I believe India L. spoke about the time period for hoops to be outside at a recent town meeting.

whatever the details here I do not understand why one cannot plead guilty and just pay the fine (mail or online or in person). But these issued summons require one to appear in court no matter what.  It requires taking time off from work.  Seems unfair unless you go to the court to fight it and plead not guilty .

Isn't Municipal Court usually in the evening, so as to relieve the burden on work hours?

OliveBee said:

whatever the details here I do not understand why one cannot plead guilty and just pay the fine (mail or online or in person). But these issued summons require one to appear in court no matter what.  It requires taking time off from work.  Seems unfair unless you go to the court to fight it and plead not guilty .

The time for that seems to have passed, which doesn't appear to be the Court's fault... one doesn't get to set their own schedule for dealing with a fine and/or summons and pay when they like.  Thus I'm guessing that a bench warrant for FTA was issued, having missed the dates on the ticket (either pay by X date, or send in a not-guilty plea and appear)... I'd try calling the clerk first.  They may be able to handle it without having to appear.  If not, I'd get the bail amt from them (probably the cost of the ticket) and a date, head to the MPD to pay the bail, and deal with the rest in court, particularly if one plans on fighting it.  If they allow walk-ins with outstanding warrants, then just deal with it then in one shot, but get there early as you'll wait.

nakaille said:

Isn't Municipal Court usually in the evening, so as to relieve the burden on work hours?

Mondays in Maplewood until 8pm, Tueadays until 6PM.

OliveBee said:

whatever the details here I do not understand why one cannot plead guilty and just pay the fine (mail or online or in person). But these issued summons require one to appear in court no matter what.  It requires taking time off from work.  Seems unfair unless you go to the court to fight it and plead not guilty .

It appears the OP was given the opportunity to correct the issue without having to do either, but, having failed to comply, is being called to answer to the court.

More germane might be the question of when court starts.  I assume there is little control on the part of the "accused" on when during the session their case will be heard. 

We got more like 20 inches from Snowmaggedon on Dec 26-27 in 2010.

That winter was brutal. We had several other significant storms as well.

RobB said:

Maybe Maplewood only got 6" of snow in December 2010, but in South Orange it was well over a foot. I very clearly remember pulling in front of the house from a Christmas out of town and realizing I couldn't get into the driveway. Then I carried a newborn through snowdrifts and spent the night shoveling.

Same deal with a parking ticket.  If you delay payment long enough, they will eventually issue a bench warrant which means you need to appear in person at the court.

ctrzaska said:

OliveBee said:

whatever the details here I do not understand why one cannot plead guilty and just pay the fine (mail or online or in person). But these issued summons require one to appear in court no matter what.  It requires taking time off from work.  Seems unfair unless you go to the court to fight it and plead not guilty .

The time for that seems to have passed, which doesn't appear to be the Court's fault... one doesn't get to set their own schedule for dealing with a fine and/or summons and pay when they like.  Thus I'm guessing that a bench warrant for FTA was issued, having missed the dates on the ticket (either pay by X date, or send in a not-guilty plea and appear)... I'd try calling the clerk first.  They may be able to handle it without having to appear.  If not, I'd get the bail amt from them (probably the cost of the ticket) and a date, head to the MPD to pay the bail, and deal with the rest in court, particularly if one plans on fighting it.  If they allow walk-ins with outstanding warrants, then just deal with it then in one shot, but get there early as you'll wait.