Post By fencipede
Traffic enforcement in gated community
Gated community with publicly built roads and signage, possibly maintained by the community. Guard shack at the gate that is sometimes manned.
Is traffic enforcement by city PD good to go? Looking for some legal precedence as there is a debate even among our traffic unit about this.
Typically no. If it's a private gated community or private property you cannot enforce traffic law there. However, read 542.008.
"Public place" means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
Texas Penal Code Section 1.07.(a)(40)
we have several gated communities, if it's a city road with city addresses you're good to go running traffic
You're gonna have to ask city legal. I don't think there's any other way to know if it's a public road or not. When I say "public" road, I mean as opposed to private drive. Of course even a private drive can be a "public place." So you could still enforce DWI, reckless driving, etc.
We had a big retail development in my old sector with streets that showed up on our maps and had addresses and everything, but we were told the roads were private so we couldn't enforce traffic.
We have a debate about that every now and then. According the Transportation Code, we can enforce traffic laws on private property if the owner allows for the government entity to do it. We have a couple of very busy roads which are privately owned but are turned over to us for traffic enforcement. I would say that inside of a gated community where the general public isn't allowed, the owner, HOA, developer or what ever, would have to allow for the enforcement.
So in a nutshell, I say NO unless they were given the power of the owner of the private property(which is the way they can have a gated community in the first place).
No. You have to refer to the Transportation Code, not the Penal Code, to answer this:
Originally Posted by inv_clark
Sec. 542.001. VEHICLES ON HIGHWAYS. A provision of this subtitle relating to the operation of a vehicle applies only to the operation of a vehicle on a highway unless the provision specifically applies to a different place. (Which is why you can't enforce stop signs in the walmart parking lot. You can however enforce handicap parking (681.010) and reckless driving (545.401), because both of those statutes specifically include other places not on the roadway.)
Sec. 541.302. TRAFFIC AREAS. In this subtitle:
"Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.
Like The D stated earlier, check Sec. 542.008. TRAFFIC REGULATIONS: PRIVATE SUBDIVISIONS IN CERTAIN MUNICIPALITIES.
If the municipality has entered into an agreement under this section, you're good to go.