Obviously some laws are in effect 24/7, such as prohibitions on murder (which can only be overcome with an affirmative defense).
And since a traffic law (stop sign) only has the authority to command you to stop when you are in its proximity.
We also know that many things which are illegal in public are not illegal on private property because the law does not reach there (i. e. drunkedness). Also, things like the fact that you do not need a driver's license to operate a motor vehicle on your own property.
So do traffic laws in public shopping centers have any criminal penalties (i'm talking criminal and not tort resulting from a failure to obey the signs) attached to them?
If I blow the stop sign on the provate property that is the local grocery store parking lot can I be ticketed?
2006-09-03
02:38:15
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14 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
Please note that a "public shopping center" as I call them is "private property" to the owner.
2006-09-03
02:39:39 ·
update #1
it will depend on the state, in some states the laws traffic control devices that are approved can be inforced. Thus if a police officer saw you, they can ticket you.
But even if your state does not allow for the law enforcement to enforce traffic control devices, there are other traffic laws that can often be enforced on private property.
They can call it reckless driving ( which is normally allowed to be enforcedon private property)
Also if you had an accident from such a act, you would have civil penalties for your actions.
2006-09-03 05:32:05
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answer #1
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answered by Anonymous
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You're right, a shopping center is private property. However, that doesn't mean that the owner of the property hasn't given the police the right to patrol and enforce the laws on their private property.
Also, there is probably some distinction between private property which is intended for public use (i.e. a shopper center parking lot), and private property which is not intended for public use (Uncle Bubba's 200 acre farm where you tool around in a car).
If you think about it, you'd be in trouble if you shoplifted inside a store (private property), and could be prosecuted by police. You'd also be in trouble if you picketed, or protested inside a shopping center (private property) - and could be prosecuted for that as well.
I think the distinction (and I say "I think" because I'm not a lawyer) is that though the property is privately owned, it is used by the general public - and therefor falls under the jurisdiction of law enforcement.
So no, I don't think you'll be able to get out of the ticket for blowing throgh the stop sign!
2006-09-03 04:20:07
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answer #2
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answered by Flint 3
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The penalties for not obeying traffic signs are the same regardless if they are on private property or not . They are there for a reason Not just because the property owner decided to put them there
2006-09-03 02:43:46
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answer #3
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answered by bisquedog 6
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Are you subject to traffic law in your yard...no..however a shopping center parking lots,malls,common parking areas for apartment complexes,etc...are not considered private property as they have unrestricted public access, so yes all traffic laws apply and you can be ticketed/charged with violating traffic law in those cases.
2006-09-03 03:48:32
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answer #4
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answered by baalberith11704 4
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Traffic laws are for public safety. If you are going to let people drive cars on your private property you must allow the police to patrol it and to enforce the traffic laws of the state.
2006-09-03 02:41:43
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answer #5
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answered by Cattlemanbob 4
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If the owner of the property deams necessary yes you can be ticketed. Like if you were doing donuts in walmarts parking lot. You can bet your bottom that walmart wants you to have a ticket.
2006-09-03 08:23:06
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answer #6
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answered by Jacob A 4
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Why put others at risk by ignoring traffic signs regardless of who owns the property? Why? I'm asking???
2006-09-03 02:47:02
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answer #7
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answered by AK 6
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I don't know, but if you choose to ignore a stop sign on MY (private) property, and cause an accident, make very sure you only hurt or kill yourself. Otherwise, I'll definitely do it.
Stop signs ('legal' or otherwise) are there for a reason!
2006-09-03 02:50:30
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answer #8
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answered by Anonymous
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The private landowner may have you removed from his/her property if you don't obey the signs posted. (out of indirect liability purposes I'm sure). But otherwise, no.
2006-09-03 02:45:01
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answer #9
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answered by Anonymous
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yes, as a disciplined driver, you should. it reflects to your personality... one thing more, if thats the owners preference to have traffic rules in his property for orderly conduct of it, then follow it, afterall youre in his property.
2006-09-03 02:42:49
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answer #10
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answered by Puzzledmind 3
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