Parking ticket for parking in our own driveway! (Baldwin: neighborhood, school)

[tworent]

Originally Posted by annerk

Unless the OWNERS OF THE PROPERTY HAVE GIVEN THE POLICE SPECIFIC LEGAL RIGHTS TO ENFORCE THE TRAFFIC LAWS ON THAT PRIVATE PROPERTY.

This is correct if I run a stop sign in my hood I get a ticket

[wigs1]

I loved the back and forth between annerk and s8film 40, but my vote goes to s8film40, how do you know all that traffic law, are you a lawyer?

I'm surprised nobody has talked about how short driveways are these days, that it's almost impossible not to block part of the sidewalk

A 4 bedroom house and only room for 2 cars in the driveway, absurd.

And the police now have to give us a ticket for this, insult to injury!

[annerk]

Originally Posted by wigs1

I loved the back and forth between annerk and s8film 40, but my vote goes to s8film40, how do you know all that traffic law, are you a lawyer?

Florida traffic laws are on the Internet for anyone to look up. And if you are too dumb to do so, you shouldn't have a license.

I'm surprised nobody has talked about how short driveways are these days, that it's almost impossible not to block part of the sidewalk

Maybe YOUR driveway is short, we've got room for six cars in mine, and two more on the apron without blocking the sidewalk. And a three car garage.

A 4 bedroom house and only room for 2 cars in the driveway, absurd.

And the police now have to give us a ticket for this, insult to injury!

What insult? If you were dumb enough to buy it, it's no one's fault but your own.

[Rabflmom]

Originally Posted by keliyra

Wow - I can't believe that - I get what you're saying about pushing a stroller - but honestly it seems a little extreme as it is part of the driveway. But, the masses (such as they were) have spoken and we'll pay the $10 and live and let live. I guess we'll just have to hope they don't come by anymore until we get our own place. I'd much rather see them ticket the 2 houses across from us who haven't mowed their yards since I've moved down in April. Our little dog couldn't even be seen when he went over there. LOL

Thanks guys we'll just consider this a learning curve!

Ummmm you could get another ticket for not having the dog on a leash, so be sure to leash him or keep him in your own yard.

As for the tall grass. April-November? Must be as high as the windows of the house by now. You can call code enforcement and file a complaint. The city here will eventually come out or contract someone to come out and mow it, fining the neighbor for the cost. We have been waiting 2 years however to get the lot next to us cut back like the code says empty lots should be.

As a parent who had kids who rode bikes or walked to school, I feared the drives where cars blocked the way forcing the kids to walk in the busy street. Actually glad to hear the law is being enforced. My guys even had a homeowner yell at them to get out of his yard when they chose to walk around his car by staying off the road. We told our friend who just happened to be a cop and for a few weeks they targeted cars illegally parked on any streets school kids walked to school from.

[JustinsMama]

Well, being that post was from June 19, it was more April to June (still bad though)...

[champa]

Originally Posted by annerk

My neighbor's kid got a speeding ticket in our community and tried to fight it using the private property tactic. He lost.

But is it gated? I mean gated communities own the road and everything around it (sidewalks, drains, lighting) whichs is why their dues are through the roof. So are traffic laws enforsable in those places?
I guess the HOA can put rules in place and let the law patrol; one HOA I was part of used this to allow towing of illegally parked cars but there was no gate and we did owned the roads.

[annerk]

Originally Posted by champa

But is it gated? I mean gated communities own the road and everything around it (sidewalks, drains, lighting) whichs is why their dues are through the roof. So are traffic laws enforsable in those places?
I guess the HOA can put rules in place and let the law patrol; one HOA I was part of used this to allow towing of illegally parked cars but there was no gate and we did owned the roads.

Yes, it's gated, and yes, the HOA signed a legal agreement with the city to allow the police to patrol and ticket. There are specific legal steps that a HOA has to take before the police can ticket on streets owned by the HOA, the one I live in has done so.

[s8film40]

Originally Posted by annerk

Florida traffic laws are on the Internet for anyone to look up. And if you are too dumb to do so, you shouldn't have a license.

"It is the availability of the area or place for travel and the right of general and common use which makes certain private property subject to public control pursuant to Chapter 316, Florida Statutes. Thus, this office has determined that municipalities have enforcement authority with respect to traffic violations and accidents occurring in shopping centers and parking lots which are considered to be "streets and highways" upon which the public has the right to travel by motor vehicle.[4] However, no authority to enforce Chapter 316, Florida Statutes, exists on private residential property which may not be used by the public for motor vehicle traffic.[5]"

If I don't live in your neighborhood and am not invited by someone in your neighborhood, do I have the right to enter your gated area?

Originally Posted by annerk

Yes, it's gated, and yes, the HOA signed a legal agreement with the city to allow the police to patrol and ticket. There are specific legal steps that a HOA has to take before the police can ticket on streets owned by the HOA, the one I live in has done so.

I'm no lawyer but what's quoted above seems to state pretty clearly that the police do not have the authority to ticket for traffic violations in your neighborhood.

So are the police in your area somehow exempt from Florida laws?

I think more likely is that no one has really challenged it, and it works even though it's not legal.

[annerk]

Originally Posted by s8film40

"It is the availability of the area or place for travel and the right of general and common use which makes certain private property subject to public control pursuant to Chapter 316, Florida Statutes. Thus, this office has determined that municipalities have enforcement authority with respect to traffic violations and accidents occurring in shopping centers and parking lots which are considered to be "streets and highways" upon which the public has the right to travel by motor vehicle.[4] However, no authority to enforce Chapter 316, Florida Statutes, exists on private residential property which may not be used by the public for motor vehicle traffic.[5]"

If I don't live in your neighborhood and am not invited by someone in your neighborhood, do I have the right to enter your gated area?

You are reading the law wrong. They have no right to enforce unless they are given that right, which they were.

And no, you have no right to enter the community where I live. (Thank God we have a guard to keep the riff-raff out.)

I'm no lawyer but what's quoted above seems to state pretty clearly that the police do not have the authority to ticket for traffic violations in your neighborhood.

So are the police in your area somehow exempt from Florida laws?

I think more likely is that no one has really challenged it, and it works even though it's not legal.

It was all done through the attorneys, this is not just something that was drawn up over coffee at Dunkin Donuts.

[s8film40]

Originally Posted by annerk

You are reading the law wrong. They have no right to enforce unless they are given that right, which they were.

However, no authority to enforce Chapter 316, Florida Statutes, exists on private residential property which may not be used by the public for motor vehicle traffic.[5]"

It doesn't say only with permission it says "no authority" plain and simple.
So if they have no authority under Florida law but are granted the authority by the HOA, then the police are not actually ticketing people for violations of laws but rather community rules