Traffic Ticket On Private Property in California

[ftrofire]

Hello,

I was hoping you all could educate me about traffic tickets on private property (this is in California). From the other threads I've read, I understand that an officer can rightfully give a traffic tickets in parking lots and other areas that are private but open to the public. So does that also mean that an officer may come into a gated community, large community on land that is privately owned, and give citations? I am asking because I overheard an officer speaking to a colleague about this. And it sounded as though this officer had gotten reprimanded when one of the homeowners called into the station and complained about the officer giving tickets on private property... thanks in advance

[Mr. Knowitall]

You're asking specifically about speeding tickets?

[differcult]

It all depends on the state, county, city. Since most of these are civil pens. they can change from area to area. I do know that in order for a sign to be enforcable it has to meet the Manual on Uniform Traffic Control Devices (MUTCD) standards (most areas). So lets say there is a speed limit sign, it has to meet the size requirements that are set forth in the MUTCD.

Most cops will still give you a ticket, because they don't know any better, but you can fight them...but good luck.


Read here


CA MUTCD

a little more

[ftrofire]

You're asking specifically about speeding tickets?

They have been giving out speeding tickets as well as tickets for not coming to a complete stop at stop signs.

And thanks for the reply, differcult. I'll take a look at those links

[cdwjava]

They have been giving out speeding tickets as well as tickets for not coming to a complete stop at stop signs.

What section is being cited, and where are these stop signs? What kind of "private property"?

In CA most stop signs in a parking lot can NOT be written for 22450 ... however, there are sections that might apply depending on the situation.

Since these are very specific, a decent description of the area and the type of property is necessary along with the specific code being cited. It might be that the officer is writing citations where it is inappropriate. It might also be that the officer is citing local municipal codes or one of the few CA Vehicle Codes that CAN apply on private property lots.

- Carl

[cdwjava]

Hello,

I was hoping you all could educate me about traffic tickets on private property (this is in California). From the other threads I've read, I understand that an officer can rightfully give a traffic tickets in parking lots and other areas that are private but open to the public. So does that also mean that an officer may come into a gated community, large community on land that is privately owned, and give citations? I am asking because I overheard an officer speaking to a colleague about this. And it sounded as though this officer had gotten reprimanded when one of the homeowners called into the station and complained about the officer giving tickets on private property... thanks in advance

Yes, these can be enforced in a private gated community under certain circumstances. It will depend on whether the city or county where this community exists has passed the appropriate law permitting such enforcement.

However, if the community does NOT want traffic enforcement, they should not expect the police to respond for many other problems, either. I have found that many of these communities only want the cops only when they are annoyed about something ... they then call for annoying skateboarders, basketball hoops in the street, even bicycles blocking the road and the police have to say, "Sorry" as they have no jurisdiction.

The police are not private security guards for these communities.

So, if the proper laws are in effect, they can cite there. If not, then any traffic cite issued that requires a public roadway may not be valid.

- Carl

[differcult]

They have been giving out speeding tickets as well as tickets for not coming to a complete stop at stop signs.

And thanks for the reply, differcult. I'll take a look at those links

Just make sure these stop signs meet MUTCD specs...if not too bad so sad, they can't cite you for it...well they can and they will, but the officers do not know any better, the judge should.

[Blackwater]

Check if your HOA or Homeowners Association has signed an agreement with local law enforcement for them to enforce speed laws in your private property neighborhood. Otherwise they cant. It was like an officer writing a ticket to someone for making an turn onto a public street from a shopping mall parking lot that was one way with driver coming out the wrong way that is. It was unenforceable in court.