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Private Property and Road Signs?

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  • Private Property and Road Signs?

    Just curious if any LEOs have pulled over / ticketed someone for not obeying a road sign, stop sign or speed limit sign, on private property, such as a Mall or Retail Shopping Center?

  • #2
    Interesting question. Although I'm not sure of the American opinion of this matter, I, nevertheless, note that, certainly in Ontario, the Highway Traffic Act has no application on private property. I would assume that you have similar legislation in the U.S.

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    • #3
      See the thread on 03-02-07 by jasonsmith. Alot was covered in this discussion.
      John 3:16

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      • #4
        Thanks Redbird07

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        • #5
          Yes, LEO's in most states can enforce traffic signs/signals on private property. In TN, the difference lies in whether it is a private or public road. Although malls, airports, and retail centers are technically private property, the roads are public because they are accessible and frequented by the public at large. A private road is one that the general public does not frequent and must get permission to drive on by the property owner. Municipal (city) ordinances can also specify enforcement on these public roads even if state law does not.
          I'm 10-8 like a shark in a sea of crime..

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          • #6
            Colorado statutes state that a peace officer can only charge for DUI/DWI,Careless Driving, Reckless Driving, and Unsafe Backing (I think). There are 5 statutes that a LEO can charge on private land. So rather than charging for speeding, they would just charge with reckless driving. If anyone has more information on this than me, go ahead and correct me. This is what I learned in the academy and ready statute.
            TheDesire
            Desire. Dedication. Dicipline.

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            • #7
              Private Property

              Seems like we did a pretty extensive thread on this subject a few months ago. In the State of Alabama, Title 32 of the Code of Alabama is applicable only on streets, roads, or highways maintained by the state, any county, or incorporated city or town. In the City of Montgomery, the practice has been for developers of major shopping malls to deed their roads over to the City of Montgomery. Once that is done, the Montgomery Police Dept, as well as county and state officers can cite for violations of the Vehicle Code. In areas such as strip malls, markets etc, the City can cite for Fire Lane parking violations, as well as violation of Handicapped Parking spaces. Otherwise, these areas are private property, and the Vehicle Code not applicable. Check your state or locality, as the law there may be different.

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              • #8
                the desire, you are correct, but it would most likely be careless they get charged with. The five charges are correct though.

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                • #9
                  In Maryland all traffic laws apply to all private property open to the public. If there is no restriction to who enters and exits like a mall parking lot than you can get a ticket for running stop signs, disobaying speed limits, left of center, not signalling, ect.

                  If you are in a gated community the only traffic laws that apply are reckless driving and D.U.I.

                  Alot of people get really upset when they get a ticket for running a mall parking lot stop sign LOL. As long as it is a reasonable facimiale of a state placed sign and the property is open to the public all the regular traffic laws apply.

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                  • #10
                    Originally posted by P.I.Davis View Post
                    In Maryland all traffic laws apply to all private property open to the public. If there is no restriction to who enters and exits like a mall parking lot than you can get a ticket for running stop signs, disobaying speed limits, left of center, not signalling, ect.
                    Wow, that's news to me! So, you could run radar on private (open to public) property with those little 5MPH Speed Limit signs?!

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                    • #11
                      As long as they are reasonable facimalies of state issued signs. If they are green and wooden...no.

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