05 LC 31
0862
House
Bill 267
By:
Representative Shaw of the
176th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating
to removal of improperly parked cars or trespassing personal property,
procedure, automatic surveillance prohibited, and penalty, so as to provide for
a certain period of time before which unauthorized vehicles on private property
may be towed; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal
of improperly parked cars or trespassing personal property, procedure, automatic
surveillance prohibited, and penalty, is amended by striking subsections (a) and
(b) of said Code section and inserting in lieu thereof the
following:
"(a)
As used in
this Code section, the term:
(1)
'Department' means the Department of Motor Vehicle Safety.
(2)
'Private property' means any parcel or space of private real
property.
(a.1)
Any person or his or her authorized agent entitled to the possession of any
parcel or
space of private
real
property,
hereinafter referred to as 'private property,'
shall have the right to remove or cause to
be removed from the property any vehicle or trespassing personal property
thereon which is not authorized to be at the place where it is found
and which has
not been authorized to be at such place after the elapse of a 24 hour period of
time and to store or cause to be stored
such vehicle or trespassing personal property, provided that there shall have
been conspicuously posted on the private
real
property notice that any vehicle or trespassing personal property which is not
authorized to be at the place where it is found
after the
elapse of a 24 hour period of time may be
removed at the expense of the owner of the vehicle or trespassing personal
property. Such notice shall also include information as to the location where
the vehicle or personal property can be recovered, the cost of said recovery,
and information as to the form of payment; provided, however, that the owner of
private
residential
private
property containing not more than four residential units shall not be required
to comply with the posting requirements of this subsection. Only towing and
storage firms issued permits or licenses by the local governing authority of the
jurisdiction in which they operate or by the
Department
of Motor Vehicle Safety
department,
and having a secure impoundment facility, shall be permitted to remove
trespassing property and trespassing personal property at the request of the
owner or authorized agent of the private property.
(b)
Except as provided in subsection (d) of this Code section, the
Department
of Motor Vehicle Safety, hereinafter referred to as the
department,
department
shall have the authorization to regulate and control the towing of trespassing
vehicles on private property if such towing is performed without the prior
consent or authorization of the owner or operator of the vehicle, including the
authority to set just and reasonable rates, fares, and charges for services
related to the removal, storage, and required notification to owners of such
towed vehicles. No storage fees shall be charged for the first 24 hour period
which begins at the time the vehicle is removed from the property, and no such
fees shall be allowed for the removal and storage of vehicles removed by towing
and storage firms found to be in violation of this Code section. The
Department
of Motor Vehicle Safety
department
is authorized to impose a civil penalty for any violation of this Code section
in an amount not to exceed
$2,500.00."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.