Talk of The Villages Florida

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- The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)

- - Parking Tickets (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/parking-tickets-113821/)

Quote:

Originally Posted by scarecrow1 (Post 874010)

I forgot to ask. How do they write a ticket to a golf cart? No license plate to record. Go to court and say "it must have been someone's golf cart that looked like mine."

Maybe they are relying on the integrity of the person who owns the cart and thoughtlessly parked it there.

:crap2:

Quote:

Originally Posted by BogeyBoy (Post 874011)

"From the Florida Driver's Handbook:

Where Parking is not Allowed

On the roadway side of another parked vehicle (double parking).
On crosswalks.
On sidewalks.
In front of driveways.
By curbs painted yellow or where "No Parking" signs are posted.
Within intersections.
Within 15 feet of a fire hydrant.
Within 20 feet of an intersection.
Within 20 feet of the entrance to a fire, ambulance or rescue squad station.
Within 50 feet of a railroad crossing.
On the hard surface of a highway where parking spaces are not marked.
On any bridge or overpass or in any tunnel.
Within 30 feet of a rural mail box on a state highway between 8 a.m. and 6 p.m.
Within 30 feet of any flashing signal, stop sign or traffic signal.
In such a way that you block or create a hazard for other vehicles."

They are probably writing the tickets based on the "create a hazard for other vehicles" section.

I'm familiar with all those. Decades ago I used to write tickets. BUT, not on private property parking lots. Except for officially designated handicapped spots or other official signs, such as "No Parking" there are no parking regulations that I know of for private property.

In practice The Villages could ask the police to give you a "Trespass Warning" and in the future you could be banned from their private property parking lots. Perhaps that is what was happening. The penalty for future violations could be arrest. And, of course, the vehicle could be towed away.

.

The Florida attorney general wrote an opinion years ago that stated that law enforcement can issue parking tickets on private property as long as the public has the right to travel by motor vehicle on that property

Quote:

Originally Posted by TheVillageChicken (Post 874025)

More info on what the Florida Attorney General wrote:

"This office has, in a number of prior opinions, stated that the provisions of Ch. 316, F.S., are enforceable on private property only when the public has a right to travel by motor vehicle on such property. This conclusion was based on the language of s. 316.640, F.S., which provides, in part, that municipalities shall enforce state traffic laws on all municipal streets and highways "wherever the public has the right to travel by motor vehicle."[1] 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 Ch. 316, F.S.[2] Thus, this office has determined that municipalities have enforcement authority with respect to traffic violations and accidents occurring on "private property" where the public has the right to travel by motor vehicle such as shopping centers and parking lots.[3] However, no such law enforcement authority has been determined to exist with regard to private roads located within a private development or over roads or streets within a special taxing district where such thoroughfares are not available for public use."

Attorney general.

Quote:

Originally Posted by TheVillageChicken (Post 874025)

I dug out a reference to that in a later AG opinion. Bogeyboy has quoted it in greater depth, but basically it is: "This office has stated that the provisions in Chapter 316, Florida Statutes, are enforceable on private property only if the public may travel by motor vehicle on such property."

It still seems a little murky to me since the accompanying verbiage relates to "municipal" police, but there are about five other related opinions and I don't want to bother to read them all.

Bottom line............ do good and don't get ticketed.

Quote:

Originally Posted by Carl in Tampa (Post 874055)

Bottom line............ do good and don't get ticketed.

:agree:

They were not in parking places. They were parked behind other cars, along the curbs, (where there is no parking) and one was blocking half of the entrence to the parking lot. I couldn't believe that one. That lot has always been a parking problem.

Quote:

Originally Posted by scarecrow1 (Post 874009)

Just a couple of insights to this. The Villages are in direct violation of the Americans with disabilities act as they in fact do not have enough handicap parking for the number of parking around the squares. Especially Lake Sumpter Landing. Before you comment that there are lots of handicap parking behind the stores, the spots have to be within 100 feet of an entrance or a venue to which the squares are. There is a parking formula on the ADA web site. They are also in big time violation when they block off the parking for vendor night and don't supply temporary handicap parking. There should be handicap parking along Canal st. Again the answer (wrong one) is they have plenty behind the stores. That's why I only shopped down there once and do not go to vender nights. It's the same old stuff anyway.

I think you are going to find that what you state is an oversimplification of the ADA regs. I would encourage you to contact The Villages manager, Janet Tutt, to let her know that in your opinion The Villages is in violation of the ADA. I am sure that she will be happy to provide you with the guidelines provided to The Villages by the engineers.

Quote:

Originally Posted by Wing-nut2 (Post 874068)

Then I'd say, they all deserve parking tickets.:shrug:........