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Does a "private street" actually mean anything?

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  • Danz la Nuit
    Banned
    • Jan 2011
    • 2283

    Does a "private street" actually mean anything?

    (Only pic I could find to show what I am talking about)

    My friend lives on a street in San Diego County that has this PVT notation on the sign as well (it's a more normal green rectangular design tho)

    So... what does this actually mean legally?

    Who actually owns the road?

    Does this change anything in terms of a LEO contact on this road?

    (ie: Riding a non street legal dirt bike) (ie: Asking an LEO to leave if not responding to a call)

  • #2
    Ron-Solo
    In Memoriam
    • Jan 2009
    • 8581

    There are many variables. It means the city or county does not maintain the road. Most of these streets are "dedicated" to the local government for enforcement purposes and the vehicle code applies. They are open to public access, to LE has as much right as anyone to be there.

    This is just a brief synopsis.
    LASD Retired
    1978-2011

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    • #3
      TrailerparkTrash
      Veteran Member
      • Oct 2005
      • 4249

      It means that its not "public" property. Generally vehicle code can not be enforced on private streets unless......

      ..... The pvt person or entity allows free public access on the road and consents to having the police enforce vehicle codes on that property. For instance, many private roads in condo complexes have signs posted saying that "vehicle code strictly enforced...". Etc.....

      IIRC, cause ive been out of the traffic ticket business detail for a while, the vehicle code used to say that signs had to be posted on pvt property that VC's would be enforced by LE, usually at the entrance of private lands etc.... If in fact that was the intend to do so.
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      • #4
        BigDogatPlay
        Calguns Addict
        • Jun 2007
        • 7362

        Originally posted by Ron-Solo
        There are many variables. It means the city or county does not maintain the road. Most of these streets are "dedicated" to the local government for enforcement purposes and the vehicle code applies. They are open to public access, to LE has as much right as anyone to be there.

        This is just a brief synopsis.
        ^^^This^^^ is largely spot on. There are always local nuances, but remember that DUI, reckless driving, disabled parking and a few other VC misdemeanors are enforceable anywhere, anytime.

        One thing to add.... to be maintained in the status of "private road" in many cases the road has to be controlled periodically. My parents lived in a non-gated, but private roadway, community for many years. The homeowners association hired a security company every other year to control access to the property for one 24 hour period, which satisfied the requirement. Gated communities, where access is controlled all the time don't need to do that step.
        -- Rifle, Pistol, Shotgun

        Not a lawyer, just a former LEO proud to have served.

        Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

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        • #5
          dls
          Veteran Member
          • Jan 2011
          • 2598

          My Dad lives on a Private St. also. The HOA owns it. and there is no overnight parking on the street,I kinda like that part.
          The chair is against the wall...

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          • #6
            Saym14
            Calguns Addict
            • Jul 2009
            • 7892

            Originally posted by TrailerparkTrash
            It means that its not "public" property. Generally vehicle code can not be enforced on private streets unless......

            ..... The pvt person or entity allows free public access on the road and consents to having the police enforce vehicle codes on that property. For instance, many private roads in condo complexes have signs posted saying that "vehicle code strictly enforced...". Etc.....

            IIRC, cause ive been out of the traffic ticket business detail for a while, the vehicle code used to say that signs had to be posted on pvt property that VC's would be enforced by LE, usually at the entrance of private lands etc.... If in fact that was the intend to do so.
            this - except the local CIty or county must pass an ordinance or resolution specifically authorizing enforcement upon request of the owners(HOA etc). AND it must be posted that the vehicle code is enforced and list the city ordinance. this is just vehicle code enforcment.

            if the raod is generally open to the public and not gated then they can likely drive up and down it like anyone else. but not cite you for speeding.

            however there are three cites that can be made on private property without the ord and posting, reckless drving, handicapp parking nd fire lane parking violations.

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            • #7
              hitman13
              Veteran Member
              • Sep 2007
              • 3793

              In Az we only the following traffic on private streets or private property:
              DUI
              Hit and run
              Handicap parking spot violations

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              • #8
                Danz la Nuit
                Banned
                • Jan 2011
                • 2283

                The road is always open to the public (no gate), there are only 8 properties (homes) on the street, there is no homeowners association.

                There is an additional sign posted at the beginning of the street emphasizing that it's "private property" that was posted by one of the homeowners many years back when kids from the nearby school would come in and throw rocks/steal citrus etc.

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                • #9
                  BigDogatPlay
                  Calguns Addict
                  • Jun 2007
                  • 7362

                  If the city has put up the street sign indicating that it's a private street, I'd have to believe there has been some measure of what has been described above (city council action, controlling access for 24hrs, etc.) to support that happening.

                  May have happened years ago.
                  -- Rifle, Pistol, Shotgun

                  Not a lawyer, just a former LEO proud to have served.

                  Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

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                  • #10
                    Saym14
                    Calguns Addict
                    • Jul 2009
                    • 7892

                    Originally posted by DTOMSD
                    The road is always open to the public (no gate), there are only 8 properties (homes) on the street, there is no homeowners association.

                    There is an additional sign posted at the beginning of the street emphasizing that it's "private property" that was posted by one of the homeowners many years back when kids from the nearby school would come in and throw rocks/steal citrus etc.
                    so any LEO can drive down it. but they can not enforce the vehicle code. they can only Cite for reckless driving, fire lane and wheel chair parking. fromthe CVC....

                    Private Roads Not Open for Public Use
                    21107.7. (a)Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained roads as described in the ordinance or resolution within the city or county that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of this code to those roads. No ordinance or resolution shall be enacted unless there is first filed with the city or county a petition requesting it by a majority of the owners of any privately owned and maintained road, or by at least a majority of the board of directors of a common interest development, as defined by Section 1351 of the Civil Code, that is responsible for maintaining the road, and without a public hearing thereon and 10 days' prior written notice to all owners of the road or all of the owners in the development. Upon enactment of the ordinance or resolution, the provisions of this code shall apply to the privately owned and maintained road if appropriate signs are erected at the entrance to the road of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the road is subject to the provisions of this code. The city or county may impose reasonable conditions and may authorize the owners, or board of directors of the common interest development, to erect traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the Department of Transportation.

                    (b) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained road subjected to the provisions of this code under this section, except those provisions applicable to private property other than by action under this section.

                    (c) As used in this section, "privately owned and maintained roads" includes roads owned and maintained by a city, county or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel.

                    Amended Ch. 605, Stats. 1988. Effective January 1, 1989.
                    Last edited by Saym14; 08-20-2011, 6:35 PM.

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                    • #11
                      Danz la Nuit
                      Banned
                      • Jan 2011
                      • 2283

                      Interesting!

                      Comment

                      • #12
                        Bobby Ricigliano
                        Mit Gott und Mauser
                        CGN Contributor
                        • Feb 2011
                        • 17438

                        It is my understanding that certain vehicle codes and parking enforcement are not applicable. The private streets in our RD's are also privately maintained and appear very rural.

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                        • #13
                          Pedantic
                          Junior Member
                          • Jun 2010
                          • 49

                          Try checking the county assessor's land records. Where I grew up, several horse properties were subdivided and private streets were paved to allow access for the homes further back. The homeowners were responsible for maintaining that section of the private road directly in front of their individual lots up to the middle of the street. For smaller lots, one homeowner held title to the road, but everyone had an easement to use it.

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