24 LC 39 4111S
The Senate Committee on Public Safety offered the following
substitute to HB 119:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to1
general provisions relative to property, so as to authorize the regulation of motor vehicle2
immobilization operators by the Department of Public Safety; to limit the immobilization of3
trespassing vehicles to jurisdictions that have authorized such activity by ordinance or4
resolution; to provide for fees; to provide for notice requirements; to provide for licenses; to5
remove authority to impose a civil penalty; to provide for related matters; to repeal6
conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general10
provisions relative to property, is amended by revising Code Section 44-1-13, relating to11
removal of improperly parked cars or trespassing personal property, concurrent jurisdiction,12
procedure, automatic surveillance prohibited, and penalty, as follows:13
"44-1-13.14
(a) As used in this Code section, the term:15
(1) 'Department' means the Department of Public Safety.16
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(2) 'Immobilization device' means any mechanical device designed or used to be attached17
to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor18
vehicle's usual manner of movement or operation.19
(2)(3) 'Private property' means any parcel or space of private real property.20
(a.1) Any person or his or her authorized agent entitled to the possession of any private21
property shall have the right to remove or cause to be removed from the property or22
immobilize or cause to be immobilized any vehicle or trespassing personal property23
trespassing thereon which is not authorized to be at the place where it is found and to store24
or cause to be stored such trespassing vehicle or trespassing personal property, provided25
that there shall have been conspicuously posted on the private property notice that any26
trespassing vehicle or trespassing personal property which is not authorized to be at the27
place where it is found may be immobilized or removed at the expense of the owner of the28
trespassing vehicle or trespassing personal property. Such notice shall also include29
information as to the contact information for removal of an immobilization device, the full30
legal names of the company conducting the immobilization and the property owner where31
the immobilization occurred, the fee amount for removal of an immobilization device,32
location where the removed vehicle or personal property can be recovered, the cost of said33
recovery, and information as to the form of payment; provided, however, that the owner34
of residential private property containing not more than four residential units shall not be35
required to comply with the posting requirements of this subsection. Only towing and36
storage firms issued permits or licenses by the local governing authority of the jurisdiction37
in which they operate or by the department, and having a secure impoundment facility,38
shall be permitted to remove trespassing property and trespassing vehicles and personal39
property at the request of the owner or authorized agent of the private property. Only40
persons issued a permit by the department and operating in a jurisdiction which has41
authorized the immobilization of trespassing vehicles by ordinance or resolution of the42
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governing authority shall be authorized to place an immobilization device upon a43
trespassing vehicle.44
(b)(1) The department shall have the authorization to regulate and control the45
immobilization and towing of trespassing vehicles on private property if such46
immobilization or towing is performed without the prior consent or authorization of the47
owner or operator of the vehicle, including the authority to set just and reasonable rates,48
fares, and charges for services related to the immobilization, removal, storage, and49
required notification to owners of such towed vehicles. No storage fees shall be charged50
for the first 24 hour period which begins at the time the vehicle is removed from the51
property, and no such. No fees shall be allowed for the immobilization or removal and52
storage of vehicles removed by towing and storage firms by persons found to be in53
violation of this Code section. The department is authorized to impose a civil penalty for54
any violation of this Code section in an amount not to exceed $2,500.00.55
(2) In accordance with subsection (d) of this Code section, the governing authority of a56
municipality may require towing and storage operators firms to charge lower maximum57
rates on traffic moving between points within such municipality than those provided by58
the department's maximum rate tariff and may require higher public liability insurance59
limits and cargo insurance limits than those required by the department. The governing60
authority of a municipality shall not provide for higher maximum costs of61
immobilization, removal, relocation, or storage than is provided for by the department.62
(c) In all municipalities, except a consolidated city-county government, having a63
population of 100,000 or more according to the United States decennial census of 1970 or64
any future such census a person entitled to the possession of an off-street parking area or65
vacant lot within an area zoned commercial by the municipality shall have the right to66
immobilize or remove any trespassing vehicle or trespassing personal property parked67
thereon after the regular activity on such property is concluded for the day only if access68
to such property from the public way is blocked by a sturdy chain, cable, or rope stretched69
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at least 18 inches above grade across all driveways or other ways providing access to the70
off-street parking area or vacant lot and there is conspicuously posted in the area a notice,71
the location of which must shall be approved by the municipality's police department, that72
any trespassing vehicle or trespassing personal property parked thereon which is not73
authorized to be in such area may be immobilized or removed at the expense of the owner74
along with information as to where the trespassing vehicle or trespassing personal property75
may be recovered, the cost of said recovery, and information regarding the form of76
payment.77
(d)(1) In addition to the regulatory jurisdiction of the department, the governing authority78
of each municipality authorizing immobilization device operations or having towing and79
storage firms operating within its territorial boundaries may require and issue a license80
or permit to engage in vehicle immobilization or private trespass towing within its81
corporate municipal limits pursuant to this Code section pursuant to any firm meeting the82
qualifications imposed by said governing authority. The fee for the license or permit83
shall be set by such governing authority. The maximum reasonable costs of84
immobilization, removal, relocation, and storage pursuant to the provisions of this Code85
section shall be compensatory, as such term is used in the public utility rate-making86
procedures, and shall be established annually by the governing authority of each87
municipality authorizing immobilization device operations or having towing and storage88
firms operating within its territorial boundaries; provided, however, that no storage fees89
shall be charged for the first 24 hour period which begins at the time the vehicle is90
removed from the property, and no such. No fees shall be allowed for the immobilization91
or removal and storage of vehicles removed by towing and storage firms by persons92
found to be in violation of this Code section.93
(2) Towing and storage firms operating within a municipality's corporate limits shall94
obtain a nonconsensual towing permit from the department and shall file its registered95
agent's name and address with the department. Immobilization device operators96
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operating within a municipality's corporate limits pursuant to authorization to perform97
such services pursuant to ordinance or resolution of a governing authority shall obtain an98
immobilization operator permit from the department and shall file its registered agent's99
name and address with the department. The department may assess and collect an100
application fee in an amount to be determined by the commissioner and such amount101
shall not exceed the total direct and indirect costs of administering the program or activity102
with which the fee is associated. Pursuant to Code Section 45-12-92.1, the fees collected103
shall be retained by the department and expended solely for the purpose of implementing104
this Code section.105
(e) Any person who suffers injury or damages as a result of a violation of this Code section106
may bring an action in any court of competent jurisdiction for actual damages, which shall107
be presumed to be not less than $100.00, together with court costs. A court shall award108
three times actual damages for an intentional violation of this Code section.109
(f) It shall be unlawful and punishable by a fine of $1,000.00 for any immobilization110
device operator or towing and storage firm, permitted or unpermitted, licensed or111
unlicensed, to enter into any agreement with any person in possession of private property112
to provide automatic or systematic surveillance of such property for purposes of113
immobilization or removal and relocation of any such trespassing vehicle or trespassing114
personal property except upon call by such person in possession of such private property115
to such immobilization device operator or towing and storage firm for each individual case116
of trespass; provided, further, that it shall be unlawful and punishable by a fine of117
$1,000.00 for any towing and storage firm person to pay to any private property owner or118
one in possession of private property any fee or emolument, directly or indirectly, for the119
right to immobilize or remove a trespassing vehicle or trespassing personal property from120
said private property."121
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SECTION 2.122
All laws and parts of laws in conflict with this Act are repealed.123
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