| 7 | | - | general provisions relative to property, so as to authorize the regulation of motor vehicle2 |
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| 8 | | - | immobilization operators by the Department of Public Safety; to limit the immobilization of3 |
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| 9 | | - | trespassing vehicles to jurisdictions that have authorized such activity by ordinance or4 |
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| 10 | | - | resolution; to provide for fees; to provide for notice requirements; to provide for licenses; to5 |
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| 11 | | - | remove authority to impose a civil penalty; to provide for related matters; to repeal6 |
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| 12 | | - | conflicting laws; and for other purposes.7 |
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| 13 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 14 | | - | SECTION 1.9 |
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| 15 | | - | Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general10 |
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| 16 | | - | provisions relative to property, is amended by revising Code Section 44-1-13, relating to11 |
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| 17 | | - | removal of improperly parked cars or trespassing personal property, concurrent jurisdiction,12 |
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| 18 | | - | procedure, automatic surveillance prohibited, and penalty, as follows:13 |
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| 19 | | - | "44-1-13.14 |
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| 20 | | - | (a) As used in this Code section, the term:15 |
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| 21 | | - | (1) 'Department' means the Department of Public Safety.16 |
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| 22 | | - | - 1 - 24 LC 39 4111S |
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| 23 | | - | (2) 'Immobilization device' means any mechanical device designed or used to be attached17 |
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| 24 | | - | to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor18 |
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| 25 | | - | vehicle's usual manner of movement or operation.19 |
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| 26 | | - | (2)(3) 'Private property' means any parcel or space of private real property.20 |
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| 27 | | - | (a.1) Any person or his or her authorized agent entitled to the possession of any private21 |
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| 28 | | - | property shall have the right to remove or cause to be removed from the property or22 |
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| 29 | | - | immobilize or cause to be immobilized any vehicle or trespassing personal property23 |
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| 30 | | - | trespassing thereon which is not authorized to be at the place where it is found and to store24 |
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| 31 | | - | or cause to be stored such trespassing vehicle or trespassing personal property, provided25 |
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| 32 | | - | that there shall have been conspicuously posted on the private property notice that any26 |
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| 33 | | - | trespassing vehicle or trespassing personal property which is not authorized to be at the27 |
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| 34 | | - | place where it is found may be immobilized or removed at the expense of the owner of the28 |
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| 35 | | - | trespassing vehicle or trespassing personal property. Such notice shall also include29 |
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| 36 | | - | information as to the contact information for removal of an immobilization device, the full30 |
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| 37 | | - | legal names of the company conducting the immobilization and the property owner where31 |
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| 38 | | - | the immobilization occurred, the fee amount for removal of an immobilization device,32 |
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| 39 | | - | location where the removed vehicle or personal property can be recovered, the cost of said33 |
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| 40 | | - | recovery, and information as to the form of payment; provided, however, that the owner34 |
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| 41 | | - | of residential private property containing not more than four residential units shall not be35 |
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| 42 | | - | required to comply with the posting requirements of this subsection. Only towing and36 |
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| 43 | | - | storage firms issued permits or licenses by the local governing authority of the jurisdiction37 |
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| 44 | | - | in which they operate or by the department, and having a secure impoundment facility,38 |
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| 45 | | - | shall be permitted to remove trespassing property and trespassing vehicles and personal39 |
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| 46 | | - | property at the request of the owner or authorized agent of the private property. Only40 |
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| 47 | | - | persons issued a permit by the department and operating in a jurisdiction which has41 |
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| 48 | | - | authorized the immobilization of trespassing vehicles by ordinance or resolution of the42 |
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| 49 | | - | - 2 - 24 LC 39 4111S |
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| 50 | | - | governing authority shall be authorized to place an immobilization device upon a43 |
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| 51 | | - | trespassing vehicle.44 |
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| 52 | | - | (b)(1) The department shall have the authorization to regulate and control the45 |
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| 53 | | - | immobilization and towing of trespassing vehicles on private property if such46 |
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| 54 | | - | immobilization or towing is performed without the prior consent or authorization of the47 |
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| 55 | | - | owner or operator of the vehicle, including the authority to set just and reasonable rates,48 |
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| 56 | | - | fares, and charges for services related to the immobilization, removal, storage, and49 |
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| 57 | | - | required notification to owners of such towed vehicles. No storage fees shall be charged50 |
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| 58 | | - | for the first 24 hour period which begins at the time the vehicle is removed from the51 |
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| 59 | | - | property, and no such. No fees shall be allowed for the immobilization or removal and52 |
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| 60 | | - | storage of vehicles removed by towing and storage firms by persons found to be in53 |
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| 61 | | - | violation of this Code section. The department is authorized to impose a civil penalty for54 |
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| 62 | | - | any violation of this Code section in an amount not to exceed $2,500.00.55 |
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| 63 | | - | (2) In accordance with subsection (d) of this Code section, the governing authority of a56 |
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| 64 | | - | municipality may require towing and storage operators firms to charge lower maximum57 |
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| 65 | | - | rates on traffic moving between points within such municipality than those provided by58 |
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| 66 | | - | the department's maximum rate tariff and may require higher public liability insurance59 |
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| 67 | | - | limits and cargo insurance limits than those required by the department. The governing60 |
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| 68 | | - | authority of a municipality shall not provide for higher maximum costs of61 |
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| 69 | | - | immobilization, removal, relocation, or storage than is provided for by the department.62 |
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| 70 | | - | (c) In all municipalities, except a consolidated city-county government, having a63 |
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| 71 | | - | population of 100,000 or more according to the United States decennial census of 1970 or64 |
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| 72 | | - | any future such census a person entitled to the possession of an off-street parking area or65 |
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| 73 | | - | vacant lot within an area zoned commercial by the municipality shall have the right to66 |
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| 74 | | - | immobilize or remove any trespassing vehicle or trespassing personal property parked67 |
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| 75 | | - | thereon after the regular activity on such property is concluded for the day only if access68 |
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| 76 | | - | to such property from the public way is blocked by a sturdy chain, cable, or rope stretched69 |
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| 77 | | - | - 3 - 24 LC 39 4111S |
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| 78 | | - | at least 18 inches above grade across all driveways or other ways providing access to the70 |
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| 79 | | - | off-street parking area or vacant lot and there is conspicuously posted in the area a notice,71 |
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| 80 | | - | the location of which must shall be approved by the municipality's police department, that72 |
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| 81 | | - | any trespassing vehicle or trespassing personal property parked thereon which is not73 |
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| 82 | | - | authorized to be in such area may be immobilized or removed at the expense of the owner74 |
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| 83 | | - | along with information as to where the trespassing vehicle or trespassing personal property75 |
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| 84 | | - | may be recovered, the cost of said recovery, and information regarding the form of76 |
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| 85 | | - | payment.77 |
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| 86 | | - | (d)(1) In addition to the regulatory jurisdiction of the department, the governing authority78 |
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| 87 | | - | of each municipality authorizing immobilization device operations or having towing and79 |
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| 88 | | - | storage firms operating within its territorial boundaries may require and issue a license80 |
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| 89 | | - | or permit to engage in vehicle immobilization or private trespass towing within its81 |
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| 90 | | - | corporate municipal limits pursuant to this Code section pursuant to any firm meeting the82 |
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| 91 | | - | qualifications imposed by said governing authority. The fee for the license or permit83 |
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| 92 | | - | shall be set by such governing authority. The maximum reasonable costs of84 |
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| 93 | | - | immobilization, removal, relocation, and storage pursuant to the provisions of this Code85 |
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| 94 | | - | section shall be compensatory, as such term is used in the public utility rate-making86 |
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| 95 | | - | procedures, and shall be established annually by the governing authority of each87 |
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| 96 | | - | municipality authorizing immobilization device operations or having towing and storage88 |
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| 97 | | - | firms operating within its territorial boundaries; provided, however, that no storage fees89 |
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| 98 | | - | shall be charged for the first 24 hour period which begins at the time the vehicle is90 |
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| 99 | | - | removed from the property, and no such. No fees shall be allowed for the immobilization91 |
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| 100 | | - | or removal and storage of vehicles removed by towing and storage firms by persons92 |
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| 101 | | - | found to be in violation of this Code section.93 |
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| 102 | | - | (2) Towing and storage firms operating within a municipality's corporate limits shall94 |
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| 103 | | - | obtain a nonconsensual towing permit from the department and shall file its registered95 |
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| 104 | | - | agent's name and address with the department. Immobilization device operators96 |
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| 105 | | - | - 4 - 24 LC 39 4111S |
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| 106 | | - | operating within a municipality's corporate limits pursuant to authorization to perform97 |
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| 107 | | - | such services pursuant to ordinance or resolution of a governing authority shall obtain an98 |
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| 108 | | - | immobilization operator permit from the department and shall file its registered agent's99 |
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| 109 | | - | name and address with the department. The department may assess and collect an100 |
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| 110 | | - | application fee in an amount to be determined by the commissioner and such amount101 |
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| 111 | | - | shall not exceed the total direct and indirect costs of administering the program or activity102 |
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| 112 | | - | with which the fee is associated. Pursuant to Code Section 45-12-92.1, the fees collected103 |
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| 113 | | - | shall be retained by the department and expended solely for the purpose of implementing104 |
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| 114 | | - | this Code section.105 |
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| 115 | | - | (e) Any person who suffers injury or damages as a result of a violation of this Code section106 |
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| 116 | | - | may bring an action in any court of competent jurisdiction for actual damages, which shall107 |
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| 117 | | - | be presumed to be not less than $100.00, together with court costs. A court shall award108 |
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| 118 | | - | three times actual damages for an intentional violation of this Code section.109 |
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| 119 | | - | (f) It shall be unlawful and punishable by a fine of $1,000.00 for any immobilization110 |
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| 120 | | - | device operator or towing and storage firm, permitted or unpermitted, licensed or111 |
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| 121 | | - | unlicensed, to enter into any agreement with any person in possession of private property112 |
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| 122 | | - | to provide automatic or systematic surveillance of such property for purposes of113 |
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| 123 | | - | immobilization or removal and relocation of any such trespassing vehicle or trespassing114 |
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| 124 | | - | personal property except upon call by such person in possession of such private property115 |
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| 125 | | - | to such immobilization device operator or towing and storage firm for each individual case116 |
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| 126 | | - | of trespass; provided, further, that it shall be unlawful and punishable by a fine of117 |
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| 127 | | - | $1,000.00 for any towing and storage firm person to pay to any private property owner or118 |
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| 128 | | - | one in possession of private property any fee or emolument, directly or indirectly, for the119 |
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| 129 | | - | right to immobilize or remove a trespassing vehicle or trespassing personal property from120 |
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| 130 | | - | said private property."121 |
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| 131 | | - | - 5 - 24 LC 39 4111S |
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| 132 | | - | SECTION 2.122 |
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| 133 | | - | All laws and parts of laws in conflict with this Act are repealed.123 |
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| 134 | | - | - 6 - |
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| 8 | + | general provisions relative to property, so as to prohibit the placement of an instrument2 |
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| 9 | + | designed to restrict movement of a vehicle upon a vehicle by any person other than an owner3 |
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| 10 | + | or authorized operator thereof; to provide for a cause of action; to provide for applicability;4 |
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| 11 | + | to provide for related matters; to provide for an effective date; to repeal conflicting laws; and5 |
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| 12 | + | for other purposes.6 |
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| 13 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 14 | + | SECTION 1.8 |
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| 15 | + | Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general9 |
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| 16 | + | provisions relative to property, is amended by adding a new Code section to read as follows:10 |
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| 17 | + | "44-1-13.1.11 |
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| 18 | + | (a) It shall be unlawful and punishable by a fine of $1,000.00 for any person other than an12 |
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| 19 | + | owner or authorized operator of a vehicle to install or attach an immobilization device,13 |
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| 20 | + | boot, or other instrument that is designed or intended to restrict the normal movement of14 |
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| 21 | + | such vehicle.15 23 LC 39 3892S |
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| 22 | + | - 2 - |
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| 23 | + | (b) Any person who suffers injury or damages as a result of a violation of this Code16 |
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| 24 | + | section may bring an action in any court of competent jurisdiction for actual damages,17 |
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| 25 | + | which shall be presumed to be not less than $100.00, together with court costs. A court18 |
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| 26 | + | shall award three times actual damages for an intentional violation of this Code section.19 |
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| 27 | + | (c) The provisions of this Code section shall not apply to the removal of a vehicle from20 |
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| 28 | + | property by a storage or towing firm in accordance with Code Section 44-1-13."21 |
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| 29 | + | SECTION 2.22 |
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| 30 | + | This Act shall become effective on January 1, 2024.23 |
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| 31 | + | SECTION 3.24 |
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| 32 | + | All laws and parts of laws in conflict with this Act are repealed.25 |
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