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Euro_Autobahn
11-30-2007, 06:13 PM
I was wondering if someone can tell me the laws for traffic violations in private neighborhoods and if they vary from state to state. I live in a private neighborhood in Connecticut and received a traffic violation two weeks ago for being parked the wrong way on my street. It was a $10 fine so I had no problem paying it. On my way to the police department I remembered that about a year or two ago a police officer had told me that police are not allowed to enter a private community unless they are called in. As I came up to the window at the police station I had asked the officer that question and he took out some huge book and kept flipping through the pages for a minute or so. He came back to me and told me that I have a good case and can appeal the ticket if I wanted to, so I did. I haven't heard anything back yet and as I mentioned before I don't really care since its only $10 but does anybody know the laws for traffic violations in private neighborhoods. One last thing, I kind of figured that the officer wasn't called in about a complaint since its a very family-kid oriented neighborhood and the ticket was given at 3:01 am, which made me think the officer had nothing better to do than go into a private neighborhood and give out traffic violations (my neighbor got one too). Thanks for any input.

madchiken
11-30-2007, 06:29 PM
One last thing, I kind of figured that the officer wasn't called in about a complaint since its a very family-kid oriented neighborhood and the ticket was given at 3:01 am, which made me think the officer had nothing better to do than go into a private neighborhood and give out traffic violations (my neighbor got one too). Thanks for any input.

Nothing better to do... God forbid he patrol in your neighborhood trying to keep you and your family safe and at the same time cite people who felt they didnt need to follow the rules. I guess if he found someone stealing your car or about to break into your home he should have left until he was called??

Fuzz
11-30-2007, 08:29 PM
I was wondering if someone can tell me the laws for traffic violations in private neighborhoods and if they vary from state to state. I live in a private neighborhood in Connecticut and received a traffic violation two weeks ago for being parked the wrong way on my street. It was a $10 fine so I had no problem paying it. On my way to the police department I remembered that about a year or two ago a police officer had told me that police are not allowed to enter a private community unless they are called in. As I came up to the window at the police station I had asked the officer that question and he took out some huge book and kept flipping through the pages for a minute or so. He came back to me and told me that I have a good case and can appeal the ticket if I wanted to, so I did.

Most vehicle code violations are not enforceable in our private neighborhoods in my area.

I haven't heard anything back yet and as I mentioned before I don't really care since its only $10 but does anybody know the laws for traffic violations in private neighborhoods.

You do care as you have filed an appeal against the parking citation so be honest.....you do care. Nothing wrong with that, but lets be honest.

One last thing, I kind of figured that the officer wasn't called in about a complaint since its a very family-kid oriented neighborhood

Family oriented neighborhoods would never have a reason to call the police???? That seems a strange assumption since domestics happen in every race, religion and class. Where do the crooks go to commit crimes....they usually dont rob/steal from the povety stricken neighborhoods because they dont have anything to steal....they go to the nicer areas

and the ticket was given at 3:01 am, which made me think the officer had nothing better to do than go into a private neighborhood and give out traffic violations (my neighbor got one too).

Ah....the old nothing better to do than enforce a law that the officer probably thought was enforceable. I really find it amazing when people come up with that line. The people who get a parking ticket say we should be stopping the people who are speeding. The people who are speeding say we should be out catching drug addicts/dealers. The drug addicts/dealers say we should be out catching thieves. The thieves say we should be out catching murderers....what should we be doing??? I know people that would be overly thankfull that an officer was working at 3:01am driving through the neighborhood checking on everything.....oh but thats right its a family oriented neighborhood so criminals would never ever go there to burglarize/rob houses/people.

Thanks for any input.

Officers make mistakes and if it was not a good parking ticket then it should be dismissed. If that car was parked like that in a non private neighborhood then it would have been a good parking ticket and it WAS his job to cite it.

Euro_Autobahn
11-30-2007, 09:06 PM
Yeah I understand and agree with you guys. What I meant by the "i don't care" comment is that I would have payed for it if the officer hadn't told me that I have a good case. Obviously I park the "correct" way from now on but was curious to see what the laws are. Yes, family oriented neighborhoods have reason to call the police, but not at 3 in the morning for a car facing the wrong way. Btw good point on the patrolling the neighborhood thing.

luckydog
11-30-2007, 09:28 PM
here gated communities can sign a contract with us and then we can enforce traffic laws. they also have to install legal traffic control devices for us to enforce it.

as far as not being able to enter unless called in, we can enter a gated neighborhood for any reason such as patrol, ect. it may be different where you are though.

Vtfuzz
11-30-2007, 09:37 PM
Just curious, is this a gated neighborhood? The reason I ask is that in VT the police can enforce traffic offenses on any road, street, etc. that is open to the public flow of traffic, ie. parking lots, business driveways, etc. The only things exempt are obviously places not open to the public and driveways that serve two or less residences (for DUI & DLS).

Euro_Autobahn
11-30-2007, 10:03 PM
Just curious, is this a gated neighborhood? The reason I ask is that in VT the police can enforce traffic offenses on any road, street, etc. that is open to the public flow of traffic, ie. parking lots, business driveways, etc. The only things exempt are obviously places not open to the public and driveways that serve two or less residences (for DUI & DLS).

No it is not gated and the roads aren't open to public flow. Everything is owned and maintained by the community. For example, when it snows the community hires its own crew to plow the roads. When you enter there is a sign that says No trespassing, no soliciting, etc. Thats exactly what the officer asked if the roads are open to public traffic and they aren't.

madchiken
11-30-2007, 10:05 PM
If there isnt anything to obstruct traffic, its open to the public.

CruiserClass
11-30-2007, 10:13 PM
To answer part of your question, yes it varies from state to state. What varies the most is which violations can be enforced, not if they can be at all.

You will typically have some violations that are enforceable on public and on private roads and some that are just for public roads. For Indiana, DUI can occur on private property but driving without a license cannot. Parking in a firelane occurs on private property, but is enforcable but disregarding a posted stop sign is not. Etc. Etc.

For all traffic regulations to be enforced on private property, such as a mall parking lot, in my state you have to have a signed agreement between the police and the property owner and then post signs at all entrances stating that traffic ordinances will be enforced.

Euro_Autobahn
12-01-2007, 05:18 PM
Alright so I got a response back in the mail from the police department and it says:

An administrative review of the circumstances regarding the issuance of the above referenced parking ticket has been completed. The result of the review has determined that the issuance of the ticket was unjustified, and should be returned for voiding. Please sign and return the ticket to the attention of the Traffic Division, at the above address. The ticket will remain active until received by the Traffic Division. Please note on the ticket, "Returned for Void".

:D

Blatant
12-04-2007, 09:17 PM
Here is AZ, we enter private property -- including gated residential communities -- at will. The only traffic offenses we enforce on private property are DUI, reckless and hit/run.

grog18b
12-04-2007, 10:48 PM
In PA, traffic laws don't apply to private property. You could get drunk, drive an uninspected car with no reg, or working lights, at night, with a DUI suspended liicense, and no enforcement.

Taylor1430
12-05-2007, 04:52 PM
In your original post, you mention officers being allowed to enter the property without getting a call for service. Based on the community you describe, the officer had every right to be there just on regular patrol...and I've never heard of anyone ever complaining about an officer driving through their community. I enter private communities all of the time without being invited...sometimes driving and sometimes of foot.


Now, as far as parking goes where I work, we can only enforce some parking laws (not reffering to traffic) on private property. Those include things like parking in a handicapped spot, blocking a fire hydrant or parking on a red curb/line.

SgtScott31
12-05-2007, 08:47 PM
Whether private or public, if the area involved is open and frequented by the public at large, then all traffic laws apply in Tennessee. An example would be an airport or mall. They are privately owned entities, but enforcement can be done on their roads (at least here).

Euro_Autobahn
12-09-2007, 12:00 PM
I talked to the the administrative lieutenant and he said "certain parking violations as well as certain motor vehicle laws are not enforceable on private property". Guess my ticket was one of those that are not enforceable. As to what madchicken said is incorrect. There is nothing to obstruct traffic, and its still not open to the public, hence its private property, hence the ticket was invalid.

VACOP1
12-09-2007, 04:01 PM
Yeah I understand and agree with you guys. What I meant by the "i don't care" comment is that I would have payed for it if the officer hadn't told me that I have a good case. Obviously I park the "correct" way from now on but was curious to see what the laws are. Yes, family oriented neighborhoods have reason to call the police, but not at 3 in the morning for a car facing the wrong way. Btw good point on the patrolling the neighborhood thing.

Right like criminal do not park that way that are casing property, or robbing or some other crime...kepp telling us what should and should not be called in

Euro_Autobahn
12-09-2007, 06:07 PM
Right like criminal do not park that way that are casing property, or robbing or some other crime...kepp telling us what should and should not be called in

right......:rolleyes:

VACOP1
12-10-2007, 09:44 AM
right......:rolleyes:

So you are saying that people in a family oriented neighborhood have no reason to call the police at 3 am, what time is a good time

Euro_Autobahn
12-10-2007, 01:34 PM
So you are saying that people in a family oriented neighborhood have no reason to call the police at 3 am, what time is a good time

Your missing the key element here. They have no reason to call the police at 3am about a car parked the wrong. We are friendly with all our neighbors on our street and doubt one would call the police in the middle of the night for a car being parked the wrong way, especially that i've been parking that way for 12 years now. Of course, the police can be called anytime of the day, just seemed awkward for someone to do that at 3am. Either way the officer wasn't called in, he just happened to be driving by and the ticket was settled, officer had no right to give it.

VACOP1
12-10-2007, 04:22 PM
Your missing the key element here. They have no reason to call the police at 3am about a car parked the wrong. We are friendly with all our neighbors on our street and doubt one would call the police in the middle of the night for a car being parked the wrong way, especially that i've been parking that way for 12 years now. Of course, the police can be called anytime of the day, just seemed awkward for someone to do that at 3am. Either way the officer wasn't called in, he just happened to be driving by and the ticket was settled, officer had no right to give it.

Ok as I do not now the laws of your state, I say good investigative work, but you need to be more clear in your posts.