FrankieG

SUBJECT:Enforcement of Traffic Laws on Private Property



Officers are often called upon to investigate motor vehicle crashes or take enforcement action relating to traffic offenses or parking violations on property that is privately owned. In general, officers may conduct traffic enforcement on all roads on which the public has the right to travel. This includes public roads and highways, as well as quasi-public property (property that is privately owned but “used” by the public). Rarely can traffic enforcement occur on purely private property. A few exceptions exist (i.e. DUI and handicap parking). Goldstein v. State, 223 So.2d. 354 (Fla. Ed DCA 1969; § 316.1959, Fla. Stat. (2208).

In Florida, police officers shall enforce all of the traffic laws of the state on all the streets, highways, and elsewhere throughout the municipality wherever “the public has the right to travel by motor vehicle.”§316.640(3)(a), Fla. Stat. (2008). The plain language of the statute makes no distinction between public and private property. In fact, private property owners who own property on which the public is invited to travel (“quasi-public” property) are required to install and maintain uniform traffic control devises at appropriate locations in accordance with the Department of Transportation standards. §316.0747(2) Fla.Stat. (2008). Accordingly, officers may enforce traffic laws at such locations, including enforcement of violations related to official traffic control devices (i.e. stop sign, posted speed limits, etc.).

The determination of whether “the public has a right to travel by motor vehicle” on private property must be factually assessed by the officer after consideration of factors such as, but not limited to: (1) if there is limited access to the area; (2) if entry can only be made after contacting a resident; or (3) by the specific use of the location (i.e. business, residential), etc. AGO 75-123; AGO 83-84. For example, the public does not have the right to travel through gated communities where guests are admitted only after receiving authority from a property owner or resident. These properties are considered purely private and officers may not enforce traffic laws therein.
A municipality, however, may exercise jurisdiction over any private road or roads controlled by private entities if a written agreement has been entered into between municipality and the entity (i.e., homeowners association). §316.006(2)(b), Fla. Stat. (2007). Prior to enforcing traffic laws within a gated community, officers must confirm that such an agreement exists and is current.

Meaning - In Private lots.. Clearly Restrict Public to where you are with visiable barriers and signs if possible..hence leaving no room for intreptation and we should be good

There can be much more debate and arguement but here is the meat and potatoes!

k7-600

why is it dated March 16th? I thought this was the law anyways. what changed?

FrankieG

Case Law is always changing based on recent court decisions and this is when it got to me!

k7-600

gotcha... but without reading this I would have been able to predict that this is the law. except for the gated community thing. Unless someone asked me about it in a multiple choice type question, I think I would have been wrong. But it does make perfect sense.

MIKE_SR

im a little confused on this one

k7-600

basically, even if you are on private property and the owner of said property says you can stunt, this area has to be blocked off from the public. If the public has the right and ability to drive in the area that you are stunting without needing permission or access from the owner or someone else that may be responsible, than a cop can write you a ticket if you aren't obeying the law as if it were a highway or street.

MIKE_SR

ahhh, looks like ill be bringing orange cones and caution tape with me from now on then..lol

danherz

Sounds like its getting harder and harder to stunt down there

CARNAHKT

I was told by an officer in ohio that the area has to be blocked off from the public with a permanent structure, such as fence and gates. He also said that if a cop wanted to be a ***** he could even ticket me in my own driveway, for disturbing the peace, or inducing panic. One of my friends actually got a warning for riding in his driveway.

motopsycho231

so can we ride the health center legally or should we all put on our helmets and drive away when the law comes???

FrankieG

No! It has 3 public access points not blocked and the owner (county) has not authorized any one to actually block it off weather open or not!

stevestunt

damn so whats our options..
stunt in a field?

MiNi GuineA

If you have proof of permission from the land owner, they cant do ****. If you are tresspassing your going to get fucked. We ride weekly in a lot where the cops come and bullshit, they know the land owner is fine with us being there and they have seen the paperwork. Tresspassing is Tresspassing theres no way around it.

stevestunt

i disagree.... if they want to give you a ticket they will permission or not...
in court is you against the officer and that usually ends with the officer winning...

like stated above with permission it needs to be blocked off.. here in fl even with permission from the land/property owner they would need the city to give them permission.

k7-600

why not group together and lease a place that is closed down and fence it off. If you had ten plus guys splitting the price would be cheap. ****, you may even find a place with a building to store all your extra **** and keep it locked up. along with a place to hang out with A/C and a fridge and microwave.

I'd be down to pitch in... as long as my name isn't on the lease, haha!

and you could even make money with it. under the table on the DL of course..

bornreadybc

what are the rules against stunting in a gated community?
& what about one with the streets given over to the city

MiNi GuineA

The fact that any jackass with a badge will issue you a ticket when hes upset or on a power trip wont ever change. Cops are humans, and it happens.

Your totaly *** backwards on its the cop vs you. Cop's issue tickets its there job, the burden of proof lies on you to state your case intelligenty and clearly and prove in a court of law that you have done everything needed to comply with the law and city statutes. If you both show up he wrote you the ticket and expalins why he wrote you the ticket under what code he has reason. If your stading there with nothing respond, the judge is going to assume the LEO is correct.

Once you post a No Tresspassing sign the public has lost there "right to travel" This is considered "entry that can only be made with after contacting the resident"

Im not a cop but I work inside the legal system and if you have permission it can and is being done in fl. Its going to varry by city but if your that serious about having a spot there out there put in the work and get it.

You need a Lawyer/LEO to let you in on how to beat the system in your area..

stevestunt

Your totaly *** backwards on its the cop vs you. Cop's issue tickets its there job, the burden of proof lies on you to state your case intelligenty and clearly and prove in a court of law that you have done everything needed to comply with the law and city statutes. If you both show up he wrote you the ticket and expalins why he wrote you the ticket under what code he has reason. If your stading there with nothing respond, the judge is going to assume the LEO is correct.



well in back in PA its dif than here atleast here the police are interested in more seriouse **** from what i have seen so far...
back in pa they give you bullshit tickets.

only way you have a chance is with a lawyer.. even if you have proof your inocent and you represent yourself you are guilty.... unless you have a lawyer.

stevestunt

pretty cool idea but it would probably be a hassle keeping **** in line.

k7-600

eh, not really. I mean there are plenty of guys that stunt together with several friends. Pooling together money isn't hard. Just come up with a basic contract for the people that want to get involved, yet stay off of the lease, so that they're held responsible for their end of the deal.

And you wouldn't need a huge office building, just a place with a decent sized lot, which should be reasonably priced, considering the economy. You'd probably even find a place that has a month to month, so if it doesn't work out, your not out a butt-load of money.

****, I bet you could call any realtor and let them know what you're looking for and they would do all the legwork for you, with finding a place and contacting the owner to see if they'd be ok with stunting on the property, ok, well maybe not that much legwork, but getting you contact info to call them yourself.

Remember, having a building would only be a bonus for storing things and having elec. ****, you could run illegal poker games and **** to people who don't even stunt to make some bank back. Everyone plays poker. There would be so many things to use a place like this for.

This is such a good idea, that I'm going to start looking into it myself. I'll make a new thread when I start getting more information.