Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
My question involves a traffic citation from the state of: Texas
Does a police officer have the jurisdiction to give a parking ticket to an individual in a private parking lot. And what should you do when they do.
I received a citation form a city police officer for parking on the white lines at the end of a parking row in the Walmart parking lot. There is enough space for three cars, it is not a handicapped parking space, not a red zone, it does not block a handicapped parking spot, and there are no signs. This officer wrote on the citation, Violation for Parking Unauthorized PRC545.304. I looked up this code and it had nothing to do with a parking violation, it pertained to an individual moving a parked vehicle that did not belong to them from a parking spot or away from the curb, kind of strange. I was once in a car accident in a restaurant parking lot in the same town and the police wouldn't come out because it was private property and they said that they did not have jurisdiction.
Thank you for your time.
Re: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
There are legal reasons and policy reasons why the police might not respond to a collision report., However, other violations may well be applicable, such as this one. But, if the section does not apply, then you should contest the citation.
Re: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
It could be a local code. I know some cities in NJ have them.
Re: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
Quote:
Quoting
Disagreeable
It could be a local code. I know some cities in NJ have them.
This one actually has a TX code that matches it identically.
Re: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
The Texas Transportation Code provides,
Quote:
Quoting Texas Transportation Code, Sec. 545.304. Moving the Vehicle of Another; Unlawful Parking.
A person may not move a vehicle that is not lawfully under the person's control:
(1) into an area where a vehicle is prohibited under Section 545.302; or
(2) away from a curb a distance that is unlawful under Section 545.303.
But P.R.C. does not stand for "Transportation Code", so we may be talking about an ordinance that varies from the statute.
Re: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
This is my email to the Police Department:
I am writing concerning a ticket I received on 09/25/14 when my daughter parked my truck in the L.J., Walmart parking lot. She showed me the pictures where she parked and it was the same spot where I received a ticket for parking several years ago. She was parked on the yellow lines at the end of a parking row, there is no sign warning not to park in this spot, it is not a handicapped parking spot and it does not block access to a handicapped spot, and it is not in or near a fire lane, as I am sure that Officer C. would have indicated this on the ticket if this had been the case. When I received my parking ticket I called and spoke to Chief H., I was told that the ticket would be invalidated and that I should not have been given the ticket. My point is that my daughter would not have parked in this spot if she would have known that she was violating any laws. The ticket issued by Officer C., charged her with violating TRC545.304 Parking – Unauthorized. (I think he ment
Sec. 545.304. MOVING THE VEHICLE OF ANOTHER; UNLAWFUL PARKING. A person may not move a vehicle that is not lawfully under the person's control:
(1) into an area where a vehicle is prohibited under Section 545.302; or
(2) away from a curb a distance that is unlawful under Section 545.303.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
I am not sure exactly what this means or how it applies, but unless there have been changes in the Law I hope this ticket can also be invalidated. Again I am sorry for bothering you with this but I would greatly appreciate your attention.
This is the reply I received:
Comment added by G.C. on October 22, 2014 8:36 AM
The following is the response from the S. R., City Attorney for the City of LJ: At one time, Chief R. asked me if parking on the yellow stripes was a handicapped violation. I (the City Attorney) concluded that not all stripes at the end of the parking lanes were handicapped violations – only if the stripes were next to a handicapped spots. Chief R. probably gave the ticket to me for dismissal as the police department does not have the power to invalidate tickets once they are sent to the court. Those lines are at the end of parking lanes to make turning safer. In order to alleviate the dangers these cars cause, Officer C. decided to start writing tickets for unauthorized parking. Unfortunately, not everything in the Transportation Code is worded correctly. I have spoken to C. and told him these tickets should be for Stopping, Standing, or Parking Prohibited in Certain Places (545.302(a)(9)), which is no parking where an official sign prohibits parking. The definition of signs includes pavement markings. The pavement markings in private parking lots are set by state law. As this citation is now in the court’s hands, the police department cannot invalidate it. S.R. City Attorney As stated by the City Attorney, the citation has been filed with the court under the name of R.M., as you are the registered owner of the vehicle. Please contact the court at xxx-xxx-xxxx to get your options on the citation or if you wish to speak with the City Attorney. This concern is now closed. Thank you.
What Happened next:
My daughter went to court for this ticket. As she tried to explain to the Judge about what had happened and the City Attorney spoke up and said the Judge could not listen to her explanation unless she plead guilty or no contest, when she asked what she was being asked to plead to, the City Attorney said that the code violation did not have to be exact just close, and the code he ticked her for was close enough. When my daughter said she was not pleading guilty, the City Attorney told my daughter to come back to her office and talk. So my daughter went with her and the City Attorney said that she would defer the ticket and she would just have to pay court costs. I was not with her and she agreed, unfortunately she did not understand that she was pleading guilty and the court costs were $30. This is so irritating when law abiding citizens are targeted because they are the city’s meal ticket, criminals don’t bring in money so rather than protect and serve it has become patrol and ticket. I know that being a copy is sometimes a thankless job, and the pay is not what it should be, but it is cop’s like this that make people so angry at cops and the government in general. And by the way this officer that gave my daughter the ticket is no longer with the city, I wonder why? I know that it is the city, county and state government that are putting the pressure on cops to bring in this money and I think this should stop. If the city would not be allowed to use the money from tickets for the budget and it was required that the money be given to charity, I think the targeting of law abiding citizens would stop, and maybe cops would be able to get back to serving and protecting instead of being used by the governments they work for to fill the coffers. I think we are taxed enough!!!!
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PRC is my mistake it was TRC 545.304
Re: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
Thankfully that lesson in life only cost her $30. If your parked truck had been hit by a semi leaving the parking lot, the driver would likely never have known it and you would eat the damage.