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Legal to Arrest a person for Overtime Parking

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hattmall

Junior Member
What is the name of your state (only U.S. law)? Georgia

My city has a municipal ordinance which states that a person who causes, allows, or permits a vehicle registerd in their name to be parked overtime in a timed parking zone shall be subject to a fine of $50 or imprisonment for up to 30 days or both.

Would it be legal for them to actually imprison a person for this offense?

I'm aware that Georgia code prohibits a licence suspension for parking tickets, just wondering about the imprisonment part.
 


tranquility

Senior Member
What is the name of your state (only U.S. law)? Georgia

My city has a municipal ordinance which states that a person who causes, allows, or permits a vehicle registerd in their name to be parked overtime in a timed parking zone shall be subject to a fine of $50 or imprisonment for up to 30 days or both.

Would it be legal for them to actually imprison a person for this offense?

I'm aware that Georgia code prohibits a licence suspension for parking tickets, just wondering about the imprisonment part.
The Supreme Court has said a person can be arrested for probable cause to have violated any criminal statute, including infractions, even if imprisonment is not one of the penalties. Why would you think it unconstitutional to imprison someone for ANY "crime"?
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Georgia

My city has a municipal ordinance which states that a person who causes, allows, or permits a vehicle registerd in their name to be parked overtime in a timed parking zone shall be subject to a fine of $50 or imprisonment for up to 30 days or both.

Would it be legal for them to actually imprison a person for this offense?

I'm aware that Georgia code prohibits a licence suspension for parking tickets, just wondering about the imprisonment part.
If it is in the code, then yes it is legal. Why do you think it wouldn't be legal?
 

tranquility

Senior Member
Besides, this is not quite just a parking ticket. The mens rea is:
"causes, allows, or permits"
most parking tickets are strict liability.
 

hattmall

Junior Member
Besides, this is not quite just a parking ticket. The mens rea is:
"causes, allows, or permits"
most parking tickets are strict liability.
This is the only parking section in the municipal code.

The city issues parking tickets though, would these two be mutually exclusive?

Or is the parking ticket a citation for violating this section of the municipal code, the parking ticket does not reference any code section or ordinance. I'm also not seeing any references to parking offenses in relation


Antigone* said:
If it is in the code, then yes it is legal. Why do you think it wouldn't be legal?
To a degree the Code of Georgia sets forth provisions that limit the powers of municipalities from what I have seen in the Code of Georgia, didn't know if there was something in this case that may be useful. Also 30 days for parking "overtime" seems quite excessive and there are generally statues to protect against abuses.

cbg said:
Can you show us any law that prohibits it?

No?

Then it's legal.
If I could do that, I wouldn't have posted here. I was hoping someone more knowledgeable than myself might have information or know of a law that prohibits it. You obviously won't be of any help, but thanks for your input, it was very valuable.
 

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