2

I live in GA. I was ordered to leave a place where I was, according to an LEO, legally parked. The person who ordered this was the head of the parks department. Since the LEO said I was not in violation of any law or ordinance, I returned and was harrassed again. I cannot find anything in the City Code or State law that gives a city employee authority to order me to remove my vehicle from a place where I am legally parked. There are no signs up prohibiting entry or parking. No ordinances I know of or the police officer I talked to knows of. This seems to just be an overreach on the part of a city employee, who, by the way, did not even identify himself. Am I liable to any sort of trespass charge if I refuse to move when or if I am harassed again? Jack Penland

  • I found out the identity and title of the city employee when I was informed by the LEO who said I was not in violation of any ordinance he had ever heard of. – Jack Penland Oct 22 at 21:37
-2

If you are on the property of someone else and are asked to leave you must do so, because they own that property.

It's not illegal to pull into someone's drive way obviously, but if they ask you to go you must go.

In the same way, if the park's dept. asks you to leave you must leave.

The LEO and you are correct that it's not illegal to park there, but the park asking you to leave means you have to leave.

Tresspassing includes:

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-7-21.html#targetText=(a)%20A%20person%20commits%20the,without%20consent%20of%20that%20person.

The Park's Dept. employee would be a representative of the owner. If you feel you should be allowed to park there you have to speak with the Park's Dept.

  • 7
    Private trespass laws wouldn’t apply here. Land owned by the parks department is public land by definition, so anybody has a right to be there, subject only to time, place, and manner restrictions (such as time limit, fee-for-use, camping, or nuisance ordinances). A government employee cannot simply ask you to leave a place you would ordinarily have a right to be for no reason. – Wes Sayeed Oct 23 at 5:51
  • 3
    Well then let me clarify... Technically any government employee can ask you to do anything. All it takes is movements of the jaw, tongue, and larynx. But without a law, statute, or ordinance behind their request, you’re also free to tell them what to go do with themselves — sheriff, parks department employee or whoever — and there’s nothing they can legally do about it. – Wes Sayeed Oct 23 at 20:25
  • 1
    Right. In that case (i.e. not following the rules of the park) then yes, they can legally ask you to leave and charge you with trespass if you refuse. But OP seems to have already asked about that. Assuming the head of the parks department is right (no ordinance was being violated) and the officer was in possession of all the facts, then he could not be charged with trespass — or more appropriately, the charge would not hold up in court if he was. – Wes Sayeed Oct 23 at 20:47
  • 1
    @Putvi: I was under the impression that the Parks Dept. doesn't own the land, but rather maintains it for the public. – James Oct 24 at 12:01
  • 1
    @Putvi: I'm no lawyer, and you may think this is just semantics... The government (Parks Dept.) doesn't have rights, the citizens do. This is totally different from parking in someone's driveway. In your last comment, what is the OP trying to force the Parks Dept. to do? – James Oct 24 at 18:37

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.