Citizens writing parking tickets

[UTfanatic]

I heard that this was happening in Beaumont. 

Is it legal, and if so, how can we implement in other areas?

curious

[baddog]

I think if you catch someone doing something illegal, you can legally detain them until police arrive. I'm sure tvc knows the whole story. Didn't know one could write parking tickets. That's news to me.

Gomer Pyle made a citizen's arrest. Lol

[NDNation]

What do you write them on..notebook paper..lol

[tvc184]

2 hours ago, baddog said:

I think if you catch someone doing something illegal, you can legally detain them until police arrive. I'm sure tvc knows the whole story. Didn't know one could write parking tickets. That's news to me.

Gomer Pyle made a citizen's arrest. Lol

Anyone has the authority to arrest someone committing a felony or a breach of the peace. That is, taking them into custody. I think a parking citation neither is a felony or a breach of the peace. 

While the law allows citizen arrests, it doe not allow citizen detention to investigate a possible violation of the law. That would likely be the crime of Unlawful Restraint. So no, you cannot detain a person and wait for a police investigation. 

Citizens are allowed to issue parking citation in TX for handicap (privileged) parking only. To do so the government (city or county) has to authorize the person to do so, the person has to be a US citizen with no felony convictions, he cannot carry a weapon (even with a license) and he has to go to at least a 4 hour clash taught by the government which is usually the poilce department. 

In Port Arthur and I believe Beaumont and Jefferson County they have programs for people to issue handicap violations. Each has its own rules and in PA I believe that they do not contact the person in violation or even hang a citation on the vehicle. They take a digital photo of the violation and submit it to our Street Crimes Unit who issues a citation and sends it to the registered owner. That it to keep any confrontation chances down to a minimum. PA restricts it to members of the citizen action or patrol groups. Beaumont and Jefferson County might have them simply put the citation on the vehicle but I do not know. I do not know if they have restrictions on who may do it.

I helped develop and teach the classes in PA however it has been quite a while since I have taught so I am not sure if they might have changed the rules. 

[tvc184]

Here is the actual law on allowing citizen citations for privileged parking violations in the Texas Transportation Code.

Sec. 681.0101. ENFORCEMENT BY CERTAIN APPOINTED PERSONS. (a) A political subdivision may appoint a person to have authority to file a charge against a person who commits an offense under this chapter.

(b) A person appointed under this section must:

(1) be a United States citizen of good moral character who has not been convicted of a felony;

(2) take and subscribe to an oath of office that the political subdivision prescribes; and

(3) successfully complete a training program of at least four hours in length developed by the political subdivision.

(c) A person appointed under this section:

(1) is not a peace officer;

(2) has no authority other than the authority applicable to a citizen to enforce a law other than this chapter; and

(3) may not carry a weapon while performing duties under this section.

(d) A person appointed under this section is not entitled to compensation for performing duties under this section or to indemnification from the political subdivision or the state for injury or property damage the person sustains or liability the person incurs in performing duties under this section.

(e) The political subdivision and the state are not liable for any damage arising from an act or omission of a person appointed under Subsection (a) in performing duties under this section.

[tvc184]

3 hours ago, UTfanatic said:

I heard that this was happening in Beaumont. 

Is it legal, and if so, how can we implement in other areas?

curious

And since I mentioned citizen arrests and breaches of the peace......

Anyone has the authority to take a person into custody for a felony or against the public peace which is witnessed or in his "presence". Under this section (CCP 14.01) I believe they mean presence as in, you are on the scene but may not have actually seen it. Let's say that you hear a gunshot and turn to see a person fall and a man with a gun in his hand. You did not actually see the shot but it was within your "presence". Being two blocks away and having someone report it to you and you then run to the scene is not in your presence. 

A breach of the peace is something that immediately risks the peace or tranquility of the area. The US Supreme Court (in Chaplinsky v. N. H.) uses the term "fighting words". I can describe it as something that is causing or about to start a fight by actions. Parking does not seem to fit that use. Jumping out and yelling at a person taking a picture of your car and calling him some various words of profanity or making a threat is a breach of the peace. 

[UTfanatic]

35 minutes ago, tvc184 said:

And since I mentioned citizen arrests and breaches of the peace......

Anyone has the authority to take a person into custody for a felony or against the public peace which is witnessed or in his "presence". Under this section (CCP 14.01) I believe they mean presence as in, you are on the scene but may not have actually seen it. Let's say that you hear a gunshot and turn to see a person fall and a man with a gun in his hand. You did not actually see the shot but it was within your "presence". Being two blocks away and having someone report it to you and you then run to the scene is not in your presence. 

A breach of the peace is something that immediately risks the peace or tranquility of the area. The US Supreme Court (in Chaplinsky v. N. H.) uses the term "fighting words". I can describe it as something that is causing or about to start a fight by actions. Parking does not seem to fit that use. Jumping out and yelling at a person taking a picture of your car and calling him some various words of profanity or making a threat is a breach of the peace. 

Well some cities issues citations based on photographs at intersections. 

Could i take a picture of the offending party and send to the proper authority?

[baddog]

22 minutes ago, tvc184 said:

And since I mentioned citizen arrests and breaches of the peace......

Anyone has the authority to take a person into custody for a felony or against the public peace which is witnessed or in his "presence". Under this section (CCP 14.01) I believe they mean presence as in, you are on the scene but may not have actually seen it. Let's say that you hear a gunshot and turn to see a person fall and a man with a gun in his hand. You did not actually see the shot but it was within your "presence". Being two blocks away and having someone report it to you and you then run to the scene is not in your presence. 

A breach of the peace is something that immediately risks the peace or tranquility of the area. The US Supreme Court (in Chaplinsky v. N. H.) uses the term "fighting words". I can describe it as something that is causing or about to start a fight by actions. Parking does not seem to fit that use. Jumping out and yelling at a person taking a picture of your car and calling him some various words of profanity or making a threat is a breach of the peace. 

Great info as usual. I have a slight problem with a citizen's ability to arrest but not detain. Doesn't an arrest fall under the unlawful restraint? Not trying to be difficult but the letter of the law draws a fine line.

[tvc184]

42 minutes ago, UTfanatic said:

Well some cities issues citations based on photographs at intersections. 

Could i take a picture of the offending party and send to the proper authority?

 You were talking about a different law. Texas law only allows photograph evidence of a moving citation at a red light only. Those or a civil violation and not a criminal violation, therefore not requiring an eye witness of the account. 

[tvc184]

38 minutes ago, baddog said:

Great info as usual. I have a slight problem with a citizen's ability to arrest but not detain. Doesn't an arrest fall under the unlawful restraint? Not trying to be difficult but the letter of the law draws a fine line.

 Yes and no. Yes it fits the elements of the crime. 

 In a similar example, when playing high school football if someone tackles you and you even feel pain you have been the victim of assault with injury.  

The person that tackled you is eligible for up to one year in the county jail  if he is at least 17 years old.  The same applies when you go to the doctors office and the doctor or nurse gives you a shot. That person has committed assault and can go for up to a year in jail  or if it is a child younger than 14 getting the shot, can go up to 10 years in prison. 

 There are sections in the law specifically state that these laws do not apply to certain situations. Those situations are listed in detail. 

[UTfanatic]

9 minutes ago, tvc184 said:

 You were talking about a different law. Texas law only allows photograph evidence of a moving citation at a red light only. Those or a civil violation and not a criminal violation, therefore not requiring an eye witness of the account. 

Then they could not issue a citation for a violation on camera unless at red light.

What about tollways? 

 

[tvc184]

8 hours ago, UTfanatic said:

Then they could not issue a citation for a violation on camera unless at red light.

What about tollways? 

 

I guess so but that isn't a citation. Driving down a lane is not illegal but going through a red light is. Going through without the proper tag is (again) a civil violation. The fee is not to the driver but the vehicle owner for non-payment. In a way it is like not paying a credit card bill. 

There are also speed cameras however they are illegal in Texas. I think the red light cameras should be. I think they are unconstitutional but it would need someone with the money to fight it and a lawyer good enough to make the case.