§ 106-57. Unauthorized interference or attempted interference with parked vehicles.

(a)

It shall be unlawful for any person to loiter or prowl on any property which is used to park vehicles, including parking lots for vehicles as set out in the City of Atlanta Code of Ordinances, chapter 30, article XVII, division 3, section 30-1196, et seq., and public right-of-way, if said person has been observed:

(1)

Attempting entry into vehicles, or

(2)

Tampering with the vehicle of another, which shall mean any unauthorized interference with a vehicle or any part or accessory thereof or any contents therein, or

(3)

Otherwise acting in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(b)

Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person opens or attempts to open the doors, trunk, windows or hood of the vehicle; takes flight upon the appearance of a law enforcement officer; manifestly endeavors to conceal himself or any object that may be utilized for entry into an automobile or is otherwise prohibited by law; removes or attempts to remove anything of value from the vehicle; or otherwise causes damage to the vehicle.

(c)

A law enforcement officer shall, prior to any arrest for an offense under this code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this code section:

(1)

Unless the law enforcement officer complies with the foregoing procedure; and

(2)

Unless the trier of fact determines beyond a reasonable doubt under all circumstances of the case that the explanation was not true or would not, if believed by the officer at the time, have dispelled the officer's alarm or immediate concern.

(d)

Upon conviction of violation of this section, a person shall be sentenced to imprisonment or public work for six months, with a minimum of 60 days to serve in the city jail or working on the public streets or on the public works of the city, the remainder of the time to be probated.

(Ord. No. 1996-16, § 1, 4-9-96)

State law reference

Criminal trespass, O.C.G.A. § 16-7-21.