40-6-252. Parking, standing, or driving vehicle in private parking area after request not to do so.

No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:#

1. (1)

   The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign at each entrance to the parking area, each such sign containing the following information in easy-to-read printing:#

   1. (A)

      Notice of this Code section;#

   2. (B)

      Identification of the property which is reserved for customers’ use only;#

   3. (C)

      Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and#

   4. (D)

      Warning that violators will be prosecuted; and#

2. (2)

   The motor vehicle is parked, is standing, or is being operated other than for the purpose of:#

   1. (A)

      Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;#

   2. (B)

      Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;#

   3. (C)

      Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or#

   4. (D)

      Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.#

Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine:#

1. (1)

   Not to exceed $50.00 for the first such offense;#

2. (2)

   Not to exceed $100.00 for the second such offense; and#

3. (3)

   Not to exceed $150.00 for the third or subsequent such offense.#

The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine:#

1. (1)

   Not to exceed $50.00 for the first such violation;#

2. (2)

   Not to exceed $100.00 for the second such violation; and#

3. (3)

   Not to exceed $150.00 for the third or subsequent such violation.#