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Posted on Wednesday, January 09, 2002 - 08:54 am:   

There are some gated (but not Guarded) housing developments in my locale and I was wondering whether it is OK to walk through these areas when the gates are open in the daytime? There are signs that say "Private" but the gates are open for vehicular access.
Thank you for any information.

Todd Renshaw, Chief of Police (Todd)
Posted on Wednesday, January 09, 2002 - 02:34 pm:   

There is nothing to prevent your walking or driving through the subdivisions when the gates are open.

John Lettelleir
Posted on Wednesday, January 09, 2002 - 10:45 pm:   

The property within the development is owned and maintained by a Homeowner Association and not public. Several of the gated subdivisions are required by ordinance that the gates are to be open during certian hours of the day because a guard is not available to allow lawn crews, delivery service and others to access the homes within the gated subdivision.

Regarding your question about going through the gates, you proceed at your risk since the streets are private.

Posted on Thursday, January 10, 2002 - 07:24 am:   

What is meant by " proceed at your risk since the streets are private"? Risk of what? Arrest? Homeowner questioning?

Also: Exactly how private are these streets? Do they fall under the jurisdiction of the City of Frisco when it comes to maintenance and repair - or is that a service privately contracted out by the homeowners association?

Posted on Thursday, January 10, 2002 - 08:42 am:   

I believe I saw a response some time ago on this board that the police could not issue speeding tickets in grocery store parking lots because they were private property. Does your 'private streets' assertion thus mean that they do not have similar traffic enforcement ability inside gated communities? That would seem unfortunate.
Not trying to be difficult, just trying to understand the law...

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