Visit by Polk County Sheriff to KK Nov 10, 2014 | Saddlebag Lake Resident Forum

Visit by Polk County Sheriff to KK Nov 10, 2014 Nov 10, 2014 14:21:15 GMT -5

Post by Admin on Nov 10, 2014 14:21:15 GMT -5

Here is a summary of the KK meeting where the Sheriff answered questions:

Nov 10, 2014
1st part Introduction Off. Gruber speaks and Lt Rss (Robbers?) in attendance

How many in CAPS program? 122 in CAP program—we need eyes and ears of what’s going on. We want a crime free area.

We Hayvn’t had criminal acts out here in quite a while—maybe 4 years ago. Is there any specific criminal problems you think you have? If you are seeing the cops—you may have a problem.

I’ll be around for awhile . I was told there would be pie and cake and donuts available after but I Hayvn’t seen it? I’ll be here in case you need me.

2nd part CAPS program coordinator Gruber

Question: Speeding and running stop signs at least one individual that has no consideration (there are probably more)

Answer: It’s frustrating but just because they are idiots doesn’t mean it’s against the law. It’s a Quality of life issue like you don’t want neighborhood dogs messing up your hard. You are a lock gate community. If we come in and enforce, get your lawyers to make an agreement for us to come in so we can enforce. We did this in another community and we were there for 30 days—they said “You are writing the WRONG people who speed and run stop signs”. If you invite us in we enforce ALL the laws!

Statute 316.22 states NO golf carts on the road. They changed their mind about us being in.

Comment: Elctc carts that are street legal in some states.
Answer: It must be Florida criteria defining a vehicle.

Comment: If there is a traffic accident in here, it requires a Damaged Property Report because it is a “locked gate” community. It’s up to the insurance companies to decide who is going to pay for property damage. If there is a traffic accident in here, it requires a Damaged Property Report because it is a “locked gate” community. Golf cart damage insurance is under your home property insurance—not vehicle insurance.

Question: I back into my driveway and a golf cart comes speeding by and there is a collision. Can you do anything?
Answer: It is a Golf cart property damage incident—NO charges can be brought. It is not considered a traffic matter—we cannot write traffic tickets inside the gates. It is a property damage matter.

Comment: Mopeds can be ridden by persons with DUI's because they are not motor vehicles. They can ride them all day. We must be invited in and have an agreement. Be careful what you ask for. We don’t target people you think should get a ticket. EVERYONE gets tickets.

General Discussion of 5mph “allowance” forgiveness for motor vehicles.

Question: Fast moving vehicles “what recourse do you have?”
Answer: Speedbumps. <GROAN>—yeah that’s the usual reaction. Put up Signs “Only YOU can prevent speed bumps”.

Question: Big trucks go booming through. Discussion of pets on leashes on roads and big truck speeds through. What can you do? There should be some way—can we get a license plate #?
Answer: NO. There is no structure to it. You can call us every day. We can’t write a ticket. We will do a Damaged Property Report: Document what we see and what people tell us. Not everyone tells us the truth. The physical evidence will tell who is lying. We take photos of people injuries and damage to property. You take pictures of everything.

Visit by Polk County Sheriff to KK Nov 10, 2014 Nov 10, 2014 14:29:35 GMT -5

Post by BagLady on Nov 10, 2014 14:29:35 GMT -5

Sounds like the message came through loud and clear. Police are for criminal matters only. Not traffic. Not civil. Further, be careful what you wish for. If you bring police in here, forget about riding your golf cart on the road. And, PO-lice will write tickets to everyone for traffic violations; not just some people. PO-Lice recommendation: Get speed bumps.

I found an interesting Attorney General Advisory opinion on this; it was asked by another community similar to ours. This Advisory speaks to the concept of Lock Gate community versus public vehicular access. Here is an excerpt:

AGO 83-84

I would note that in those areas in which the public does not have a right to travel by motor vehicle, the municipal police department has not been granted enforcement authority by s. 316.640(3)(a). Therefore, local authorities do not have either the right or the obligation or the authority to enforce the provisions of Ch. 316 on such private property where the motoring public is not permitted to generally or commonly use or invited to travel, regardless of whether the local authorities are called or invited onto such premises, see AGO 75-104; nor can a private owners association or its members confer any jurisdiction on the city to regulate traffic on private property for the benefit of the private property owners. It should be noted that the test for the expenditure of any public funds by a municipality or other governmental entity in this state is whether the expenditure in question is for a purpose which primarily benefits the public with any benefits to private interests being only secondary and incidental.

The issue of whether a municipality may expend public funds to provide traffic enforcement on private roads is therefore dependent upon whether the public has a right to travel on such roads by motor vehicle.

Accordingly, I am of the opinion 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 thereon. If access to and common use of roads on private property is not generally available to the public but is legally limited by recorded restrictive covenants to those having express or implied permission from the owner, then the provisions of Ch. 316 are not applicable and the municipal police department does not have the right or obligation or authority to enforce Ch. 316 on such private property regardless of an invitation by the private property owners to said department.