SB541: SB541 Property; the placement of wheel restraints on trespassing motor vehicles; prohibit

26 LC 39 4906 Senate Bill 541 By: Senators McLaurin of the 14th, Merritt of the 9th, Rahman of the 5th, Harbison of the 15th, Orrock of the 36th and others 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 prohibit the placement of wheel restraints on2 trespassing motor vehicles; to provide for conforming changes; to provide for definitions; to3 provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 1 of Title 44 of the Official Code of Georgia Annotated , relating to general7 provisions relative to property, is amended by revising Code Se ction 44-1-13, relating to 8 removal or immobilization of trespassing cars or personal property, concurrent jurisdiction,9 procedure, automatic surveillance prohibited, and penalty, as follows:10 "44-1-13.11 (a) As used in this Code section, the term:12 (1) 'Department' means the Department of Public Safety.13 (1.1)(2) 'Immobilization device' means any mechanical device designed or used to be14 attached to a wheel, tire, or other part portion of a parked motor vehicle so as to prohibit15 S. B. 541 - 1 - 26 LC 39 4906 the motor vehicle's usual manner of movement or operation. Such term shall not include16 a wheel restraint.17 (2)(3) 'Private property' means any parcel or space of private real property.18 (4) 'Wheel restraint' means any mechanical device, including, but not limited to, a boot19 or lock, designed or used to be attached to a wheel or tire of a motor vehicle so as to20 prohibit the motor vehicle's usual manner of movement or operation.21 (a.1) Any person or his or her authorized agent entitled to th e possession of any private22 property shall have the right to remove or cause to be removed from the property or23 immobilize or cause to be immobilized any vehicle or personal p roperty trespassing24 thereon which is not authorized to be at the place where it is found and to store or cause to25 be stored such trespassing vehicle or personal property, provided that there shall have been26 conspicuously posted on the private property notice that any trespassing vehicle or personal27 property which is not authorized to be at the place where it is found may be immobilized28 or removed at the expense of the owner of the trespassing vehic le or personal property. 29 Such notice shall also include information as to the contact information for removal of an30 immobilization device, the full legal names of the company conducting the immobilization31 and the property owner where the immobilization occurred, the fee amount for removal of32 an immobilization device, location where the removed vehicle or personal property can be33 recovered, the cost of said recovery, and information as to the form of payment; provided,34 however, that the owner of residential private property contain ing not more than four35 residential units shall not be required to comply with the post ing requirements of this36 subsection. Only towing and storage firms issued permits or li censes by the local37 governing authority of the jurisdiction in which they operate o r by the department, and38 having a secure impoundment facility, shall be permitted to remove trespassing vehicles39 and personal property at the request of the owner or authorized agent of the private40 property. Only persons issued a permit by the department and operating in a jurisdiction41 which has authorized the immobilization of trespassing vehicles by ordinance or resolution42 S. B. 541 - 2 - 26 LC 39 4906 of the governing authority shall be authorized to place an immo bilization device upon a43 trespassing vehicle.44 (b)(1) The department shall have the authorization to regulate and control the45 immobilization and towing of trespassing of vehicles on private property through the46 attachment of immobilization devices to or the towing of such v ehicles i f s u c h47 immobilization or towing is performed without the prior consent or authorization of the48 owner or operator of the vehicle, including the authority to se t just and reasonable rates,49 fares, and charges for services related to the immobilization device attachment, removal,50 relocation, storage, and required notification to owners of such vehicles. No storage fees51 shall be charged for the first 24 hour period which begins at the time the vehicle is removed52 from the property. No fees shall be allowed for the attachment of immobilization devices53 or wheel restraints or removal and storage of vehicles by persons found to be in violation54 of this Code section. 55 (2) In accordance with subsection (d) of this Code section, th e governing authority of a56 municipality may require towing and storage firms to charge low er maximum rates on57 traffic moving between points within such m unicipality than tho se provided by the58 department's maximum rate tariff and may require higher public liability insurance limits59 and cargo insurance limits than those required by the department. The governing authority60 of a municipality shall not provide for higher maximum costs of immobilization, removal,61 relocation, or storage than is provided for by the department.62 (c) In all municipalities, except a consolidated city-county g overnment, 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 co mmercial by the municipality shall have the right to66 remove any vehicle or trespassing personal property parked ther eon after the regular67 activity on such property is concluded for the day only if access to such property from the68 public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above69 S. B. 541 - 3 - 26 LC 39 4906 grade across all driveways or other ways providing access to the off-street parking area or70 vacant lot and there is conspicuously posted in the area a notice, the location of which must71 shall be approved by the municipality's police department, that any vehicle or trespassing72 personal property parked thereon which is not authorized to be in such area may be73 removed at the expense of the owner along with information as t o where the vehicle or74 trespassing personal property may be recovered, the cost of said recovery, and information75 regarding the form of payment.76 (d)(1) In addition to the regulatory jurisdiction of the department, the governing authority77 of each municipality having towing and storage firms operating within its territorial78 boundaries may require and issue a license or permit to engage in private trespass towing79 within its corporate municipal limits pursuant to this Code section to any firm meeting80 the qualifications imposed by said governing authority. The fee for the license or permit81 shall be set by such governing authority. The maximum reasonab le costs of removal,82 relocation, and storage pursuant to the provisions of this Code section shall be83 compensatory, as such term is used in the public utility rate-making procedures, and shall84 be established annually by the governing authority of each municipality having towing85 and storage firms operating within its territorial boundaries; provided, however, that no86 storage fees shall be charged for the first 24 hour period whic h begins at the time the87 vehicle is removed from the property, and no such fees shall be allowed for the removal88 and storage of vehicles removed by towing and storage firms found to be in violation of89 this Code section.90 (2) Towing and storage firms operating within a municipality's corporate limits shall91 obtain a nonconsensual towing permit from the department and sh all file its registered92 agent's name and address with the department. The department may assess and collect93 an application fee in an amount to be determined by the commissioner and such amount94 shall not exceed the total direct and indirect costs of administering the program or activity95 with which the fee is associated. Pursuant to Code Section 45-12-92.1, the fees collected96 S. B. 541 - 4 - 26 LC 39 4906 shall be retained by the department and expended solely for the purpose of implementing97 this Code section.98 (e) Any person who suffers injury or damages as a result of a violation of this Code section99 may bring an action in any court of competent jurisdiction for actual damages, which shall100 be presumed to be not less than $100.00, together with court co sts. A court shall award101 three times actual damages for an intentional violation of this Code section. Sovereign102 immunity shall be specifically waived for purposes of this Code section.103 (f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage104 firm, permitted or unpermitted, licensed or unlicensed, to ente r into any agreement with105 any person in possession of private property to provide automat ic or systematic106 surveillance of such property for purposes of removal and reloc ation of any trespassing107 vehicle or personal property except upon call by such person in possession of such private108 property to such towing and storage firm for each individual ca se of trespass; provided,109 further, that it trespass. It shall be unlawful and punishable by a fine of $1,000.00 for any110 person to pay to any private property owner or one in possession of private property any111 fee or emolument, directly or indirectly, for the right to immobilize attach immobilization112 devices upon or remove a trespassing vehicle or personal property from said p r i v a t e113 property.114 (g) It shall be unlawful and punishable by a fine of $1,000.00 for any person or governing115 authority of any county or municipality to install or attach a wheel restraint to any vehicle116 which is not authorized to be at the location where such vehicle is found."117 SECTION 2.118 All laws and parts of laws in conflict with this Act are repealed.119 S. B. 541 - 5 -