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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

Jack Penland
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  • 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 '19 at 21:37

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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.

Putvi
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    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 '19 at 05:51
  • @Putvi: You say that the Park's Dept. employee is "a representative of the owner". Who is that owner? Is it the OP? – James Oct 23 '19 at 11:38
  • @James the owner is the Park's Dept. – Putvi Oct 23 '19 at 20:02
  • @WesSayeed I don't know how you figure all that, but a Park's Dept. employee can ask you to leave. I worked for a sheriff here in IL and it happens daily. – Putvi Oct 23 '19 at 20:03
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    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 '19 at 20:25
  • @WesSayeed lol I wasn't making some tv style distinction on the wording. I'm telling you as someone who helped enforce the laws, public property does not mean they can not ask you to leave. If you don't follow the rules of the park or they need the space for something or whatever they can make you leave. – Putvi Oct 23 '19 at 20:28
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    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 '19 at 20:47
  • If they ask you to leave you must leave, it's that simple. I agree it's unfair and rude to question him. I'm not saying the park is being nice or whatever, but you can't legally stop them from asking you to leave. – Putvi Oct 23 '19 at 20:48
  • There were two separate incidents. In the first, the guy ordered me to leave. He did not identify himself and was driving a plain unmarked vehicle. I actually thought I was on private property at first. I checked at City Hall, they pulled the location up on the satellite and told me that it was indeed City Property and it was perfectly legal for me to park there. The second incident happened when there were two police officers present. I was talking to them about something else.This same fellow came up and started in again about how I could not park there. – Jack Penland Oct 23 '19 at 23:53
  • I told the fellow to tell the officers and me what ordinance, statute or law I was violating and I would leave and not return. He simply repeated that it was city property and I could not park there because he said so. The officers did not order me to leave, and when he left, we stayed there for a couple of minutes and finished our conversation. At no time did the officers order me to leave or tell me I was in violation of anything. I just wondered if there was something I missed somewhere. Thank you. This was my first post and I was unsure about how much info to post to get a reply. – Jack Penland Oct 23 '19 at 23:57
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    @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 '19 at 12:01
  • @JackPenland I'm sorry that he doesn't want you to park there, but I mean hes the one in charge tbh. You don't need a specific statute, but I posted the statute. If the boss of whatever piece of property says you can't park there you can't park there and there's nothing the city hall or police can do. I worked for a local sheriff's dept for over 10 years and people ask others to move their cars every day. Just talk to the guy at the park and work it out. – Putvi Oct 24 '19 at 18:28
  • @James they do offer it to the public, but they still have the same rights everyone else does. Just like if you dont want someone in your driveway you can ask them to leave they can ask you to leave. I agree everyone should be able to enjoy the park, but I just can't force the park's dept. to do something. – Putvi Oct 24 '19 at 18:29
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    @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 '19 at 18:37
  • Every business or government or whatever kind of organization has the same rights as it pertains to their property. Why would they not? Do you think city hall can't shut down parking during events or whatever? It's the same thing. – Putvi Oct 24 '19 at 18:39
  • Putvi, this person may or may not be operating with the knowledge of the City Council. As I mentioned, when I checked at City Hall the representative there said I was legally parked. Two police officers told me I was not in violation of anything and did not order me to move at any time. If I was parked in front of City Hall legally and this person told me for no reason that I had to move it would be the same difference. Anyway, the location in question is not part of any city park at present. As I said, the person who ordered me to leave did not at any time identify himself to me legally, – Jack Penland Oct 24 '19 at 20:41
  • Also, when I requested him to specify the ordinance, statute or law I was violating to the police officers he could not do so. There is no notice given anywhere about parking not allowed.No signs, no nothing.Just one person's say so who cannot articulate any reason other than because he said so. – Jack Penland Oct 24 '19 at 20:45
  • I get you that you parked legally, and he didn't cite the law, but what does that have to do with him asking you to move? I don't mean that in a rude way or to say I don't want you to be able to park there. If it were up to me, you could park there, but if that guy is in charge of the area at the time he can ask you to move. You have that same right with your driveway. It's just how it is. – Putvi Oct 24 '19 at 20:51
  • @Putvi: Is there some reason why the OP's due process rights would not be implicated here? – bdb484 Nov 21 '19 at 23:54
  • @bdb484 He has due process in that he can go to court if he wants, it just doesn't change the fact he does not own or control that land, – Putvi Nov 22 '19 at 17:10
  • @bdb484 if I don't leave your driveway, I could technically file suit, but you own the land etc. – Putvi Nov 22 '19 at 17:11
  • Yes, we can all go to court if we want. The step you're failing to address is what would happen if he went to court. I'm asking why his due process rights wouldn't enable him to beat a trespass charge or have the order declared unenforceable. – bdb484 Nov 22 '19 at 17:38
  • It's not his land is why. You have the right to tell people what they can do on your land, so your comment didn't really make sense. – Putvi Nov 22 '19 at 17:38
  • I don't think you understand what due process his. It gives him the right o lodge a complaint, not to trespass. – Putvi Nov 22 '19 at 17:52