Diamondhead Security and parking tickets

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    In the past two weeks, two tickets have been given members of my household for parking. One was given for not having all of vehicle off the road (this being when the rain was so bad, if vehicle had been any further off road, it would have possibly been flooded. Today, we were expecting company, so we moved a vehicle down the road to property that we bought, but have not yet built our new home on. We bought 3 adjoining lots so that we would have plenty of room to park all vehicles on the property. The vehicle was parked at least 2 feet off the roadway on OUR private property! To our surprise we returned to get the vehicle and it had a ticket on it for abandoned vehicle/parked on private property, (property owned by the owner of the vehicle parked there!) NOTE: THIS VEHICLE HAD A DIAMONDHEAD PROPERTY OWNER’S STICKER PROMINENTLY DISPLAYED ON THE BACK BUMPER. HOW COULD A TRAINED OFFICER MAKE SUCH A STUPID MISTAKE TO TICKET A MEMBER OF THE POA AND RESIDENT FOR PARKING ON THEIR OWN PROPERTY! WE ARE FILING A FORMAL COMPLAINT WITH THE POA. SHOULD WE HAVE POSTED A SIGN ON OUR PROPERTY SAYING: “THE VEHICLE PARKED HERE ON THIS PROPERTY IS OWNED AND REGISTERED TO THE OWNER OF THE PROPERTY”. I think not! What is going on here with the people running the POA? We have heard that crime is up here in Diamondhead, yet the security seems only to be out to give parking tickets to people parking on their own property. As with all the other problems occurring with the POA, we are becoming convinced that we would be better off with incorporation. Has anyone else been harassed as we have been since we moved here in August of last year?



    If you post a sign saying “The vechicles parked on this are owned by the owner of this lot”, You would get a ticket for displaying a sign! Catch 22. I have always wondered how a person can be ticketed and convicted without a trial? Seems to me, for every ticket written is one small chip away from our constutional rights, every one is innocent until PROVEN guilty. The security guards are morons. AMR has stopped waiting for them to escort because they can’t find most addresses. They prefer to hassle seniors and kids in golf carts. Just my opinion.



    Did you know that Diamondhead has a sister development in Oklahoma? We found out about it from our friend JKBates there. A very similar situation arose last year in Falconhead concerning member’s rights. Read the court decision here: http://www.diamondheadnews.com/articles/Legal/POA%20Rules%20enforcement.mht


    wayne king

    The very word security, discribes a presence for safety and a deterent for wrongdoing. If the objective of Diamondhead Security is to enitiate revenue their efforts are misplaced as are the efforts of the source of that direction. The security personel should be patroling and maintaining a high visibility, their very presence is a deterent, hiding in shrubery, around a blind corner or over the crest of a hill with a radar gun for hours is not providing this visibility and is not necessary. Our Security Force should do just that, provide security, they are not law enforcement. Radar guns are not necessary for a security dept. There are many techniques for slowing traffic ect. besides hideing with a radar gun unless trying to raise revenue is the goal.



    Mr. King obviously does not live one one of the through streets here in D’head. Speed signs are simply decoration and usually disregarded. At night vehicles will reach speeds in excess of 60mph, stop signs are ignored and music systems blaring. All of these are not permitted by POA ‘laws’ but are very rarely enforced. Throughout MS there are too many deaths caused by careless speeding. A number of which could be prevented if radar was used by all sherrif’s departments. Radar sure as heck would not be a deterent to speeders if it was set up in too obvious a location. Any laws or regulations that have no penalty or cannot be enforced add to the problems they try to solve and should be removed. Either enforce speed limits with radar and STIFF fines, increase stop sign violation fines or get rid of all them and hope people will voluntarily be more courteous.




    Since I started this discussion relative to security giving parking tickets that were not necessary, nor legally right. I feel that I should respond and agree with you, that one of security’s most important duties is to keep traffic speeds at a safe rate. I agree that there are many who do not obey the speed limits, nor stop at stop signs. I have observed this on many occasions. That was the point of my original statement, that security should be doing what is most important, keeping speeding under control and other more serious crimes, such as robberies, malicious mischief, etc. Instead, they are doing the things that they must feel are the easiest (i.e., giving tickets to bona-fide residents parking on their own property). Note: when this was brought to the attention of the nice lady at POA, it was taken care of. Therefore, I do hope that security will enforce speed limits and prevent any serious accidents.



    Speeding is a crime and I feel as if you are speeding you deserve the FINE.I have children and their are no sidewalks here and if someone would hit any of my children it would be bad! Their is no need to speed it is your fault you are LATE ! I can get from the back of Diamondhead to the front doing 30mph in less than 4 min’s .I think that security is doing a pretty good job and most cases.Parking tickets on your own property is a bit off. The codes do say that you can not park on the street that is why they have you build either a garage or carport.It is the POA security is doing what they are told.



    We all want the streets of Diamondhead to be patroled by security officers and sheriffs personnel. We want traffic offenders to be held responsible and we want the rules and regulations of POA to be ahered to. However we want the actions of our security personnel and all other employees of the POA to be legal and proper. There is a serious question as to whether these security officers have the legal authority to stop and detain anyone. I read the Oklahoma court opinion and they agree that POA of ther local Falconhead community have the authority under contract law to enforce the rules and regulation of the POA and to even levy fines. What they are silent on however is how the POA can legally accomplish this. The Supreme Court of course trumps local courts and the U.S. courts have said that a fully commissioned officer can only stop and detain a person if that officer has reasonable belief that the person has, is or is about to commit an offense. An offense being defines as a misdemenor or felony. Certainly our security officers have less authority than a sheriffs deputy not greater. In other words the law does not allow a private citizen to stop and detain anyone and to do so invites civil action. The POA has enough law suits pending now and we don’t want more. The board has an obligation to the membership to make sure doing things the legal way. Pesonally I think the issue is up in the air at this time and needs to be addressed.

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