§ 150-88. Moving, impoundment of vehicles; sale of impounded vehicles, and immobilization of vehicles.

(a)

Unlawful standing. Any police officer who finds a vehicle standing upon a street or highway in violation of this chapter may move the vehicle or require the driver or other person in charge of the vehicle to move it to a position off the roadway.

(b)

Unattended vehicle on highway, bridge or tunnel. Any police officer may remove or cause to be removed to the nearest vehicle pound or other place of safety any unattended vehicle unlawfully left standing upon any highway, bridge, causeway or in any tunnel.

(c)

Impoundment and immobilization. Any police officer, parking enforcement officer, or parking management service, as defined in Code sections 150-131(a), 150-131(b), and 150-131(c) may remove or cause to be removed to the nearest vehicle pound or other place of safety any vehicle found upon a highway when:

(1)

Report has been made that the vehicle has been stolen or taken without the consent of its owner;

(2)

The person in charge of the vehicle is unable to provide for its custody or removal;

(3)

The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay;

(4)

The vehicle is stopped, except when traffic congestion makes movement impossible, on a controlled access highway which is a part of the national system of interstate and defense highways, for more than eight hours, unless the vehicle constitutes a traffic hazard, in which case it may be removed immediately; or

(5)

The vehicle is without a current license tag, current registration or the proper inspection sticker.

(6)

The vehicle is immobilized through the use of a vehicle immobilization device as defined at section 162-251 of the City of Atlanta Code of Ordinances, and all associated tickets, fees and fines have not been paid in full to the City of Atlanta within 24 hours of immobilization.

(d)

Authority to sell; notice. When any vehicle is left on the streets and it becomes necessary for the department of police to take charge of the vehicle in order to preserve the safety of travel on the streets and the department of police does take charge of the vehicle and removes the vehicle and places the vehicle in storage, the vehicle shall be safely kept for 60 days. If after 60 days the vehicle shall be unclaimed by a person making the necessary proof of title, the police chief shall, for two days, put an advertisement in the newspaper in which the city's advertisements are published, describing the vehicle to be sold and giving such information about the vehicle as will put the owner or other persons having knowledge thereof in possession of the facts, stating that the property is in the police chief's possession or control and that, at the expiration of 20 days, it will be exposed for sale. The advertisement shall also state the time and place the vehicle shall be sold and that the proceeds shall be turned in to the city treasury. However, the advertisement shall also state that, within 20 days of the last advertisement provided for in this subsection, any person making satisfactory proof of title or any person who shall claim title to the vehicle shall have the right to request a hearing before the police chief or the police chief's designee to establish, by evidence, proof of title to the vehicle claimed. Upon request for a hearing, the police chief or the police chief's designee shall, within ten days, set a time and place for the hearing and shall notify the person claiming title to the vehicle of the hearing.

(e)

Conduct, record of sale. At the time named in the notice pursuant to subsection (d) of this section, the police chief or some officer authorized by the police chief, shall proceed to the place where the vehicle is stored and expose the vehicle for sale and sell the vehicle to the highest bidder for cash. A record shall be kept of such sale showing each vehicle sold, with a description corresponding to the advertisement, the name of the purchaser and the amount received therefor.

(f)

Disposition of proceeds. The police chief shall turn the proceeds of the sale into the general fund of the city, keeping such a record thereof as may serve to identify the vehicle with the proceedings required in this section. The chief financial officer is authorized to pay to a wrecker or storage garage which has an agreement or contract with the city the towing and storage fees on impounded vehicles or the sales price of the impounded vehicle, if such should be less than the towing and storage fees, but less than $10.00 for each vehicle impounded. The payments made to a wrecker or storage garage shall be paid from and charged to a special appropriations account established with the general fund.

(g)

Police use of vehicles. The vehicles which have been processed for sale at public auction, as provided by this section, may, in the discretion of the police chief, be utilized by the department of police for a period not to exceed 90 days before being subjected to sale, as otherwise provided by this section.

(h)

Immobilization of vehicles. Any sworn police officer or parking enforcement officer may cause a vehicle to be immobilized if the vehicle has been issued a minimum of three unsatisfied delinquent parking tickets. The charge for the immobilization of vehicles under this section shall not exceed $50.00 per day for the removal of the vehicle immobilization device or devices. Neither the city nor its parking management service shall have liability for any damage, vandalism or theft of any immobilized vehicles.

(Code 1977, § 13-2224; Ord. No. 2009-42(09-O-0765), § 1, 7-28-09)