This is a question about police enforcement of traffic laws on private property. I live in a large (1,000+ homes development)which has posted its own traffic rules. They have a speed limit of 20MPH and the posting of that limit is on gray granite stone columns about 3-4 feet high with black lettering painted on them. Their stop signs are smaller than the normal stop signs one might see in a regular city or town.
The town police have recently been giving out speeding tickets (perhaps other tickets, as well). My wife got a ticket for speeding, hence my interest in this issue. 20MPH is a very low limit, and it bugs me, so I am willing to go to court to fight this.
Question 1: MGL Ch90, S18 states that if the town is requested by the property owner to adopt rules, then: "... board of selectmen ... may make such special regulations with respect to said private way or parking area ... provided, however, that any traffic signs, signals, markings or devices used to implement such special regulations shall conform in size, shape and color to the most current manual on uniform traffic control devices."
It seems to me that "size, shape and color of the most current manual on uniform traffic control devices" means that a painted number on a rock post would not comply unless it were listed. The Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD)is one such manual. Are there any other manuals that might be used? How would I find out which manual the local police/town uses?
Question 2: MGL Ch90, S18 also states that the town has to adopt the regulations in question. This means to me that some positive action of adopting specific regulations must have taken place, not merely the town saying "we'll send the police to patrol." Where would such a request and the town's response be filed? Would that information have to be public?
Question 3: My wife has no stomach for this kind of confrontation, although she has no issue with my carrying on the fight. Am I allowed to argue on her behalf? I am not an attorney, of course, but as her husband, is there any allowance?
Question 4: If I can get the speed limit signs knocked down, I would argue that she was then traveling on an un-posted road (in a thickly settled area, although there are no signs indicating that) and therefore the speed limit is 30MPH, exactly what she was charged with. Does this sound like a reasonable approach?
I am not trying to obscure the facts: the town is Plymouth and the development is Pinehills.
Thanks very much.
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Editor's Response
I think you should start by doing a bit of research and re-assessing your situation. First, who owns the streets? Were they deeded to the town (who plows)? Second, what will the reaction of the homeowners association be to your efforts? I am going to assume the association will have an opinion on this matter and further assume it will be different than yours. Good luck.