§ 162-223. Licensing and registration.

(a)

It shall be unlawful for any person, either as principal, agent or employee, to use or operate upon any of the streets of the city a wrecker or to do any trespass towing (as defined in O.C.G.A. § 44-1-13) without having obtained a license granted by the mayor as provided in this section.

(b)

Every person desiring to obtain a license required in this section shall make written application to the chief financial officer for that privilege upon forms to be prepared and approved by the police permits section. The application shall state the name and address of the applicant; place where the proposed business is to be located; nature and character of the business to be carried on; if a partnership, the names of the partners; if a corporation, the name of the officers; the charges to be imposed for various services; amounts and types of insurance held; such other information as may be required by the police or license review board; and shall be sworn by the applicant or agent thereof. All applicants shall furnish all data, information and records requested of them by the license review board or the department of police, and failure to furnish this data, information and records within 30 days from the date of the request shall automatically result in the dismissal, with prejudice, of the application. Applicants, by filing an application, agree to produce for oral interrogation any persons requested by the license review board, the department of police or the city attorney and considered as being important in the ascertainment of facts relative to the license. The failure to produce a person within 30 days after being requested to do so shall result in automatic dismissal of the application.

(c)

It shall be unlawful for any person, either as principal, agent or employee, to use or to operate upon any of the streets of the city any wrecker without having first filed a registration of all these vehicles with the department of police upon forms to be furnished by the department. The information for registration shall contain the following:

(1)

The make, model and manufacturer's serial number of the vehicle;

(2)

Date the vehicle was put into service as a wrecker;

(3)

The driver's license number of the owner, if an operator, and of all other operators of the wrecker;

(4)

The name of the insurance company with which the owner and all operators have liability insurance coverage with respect to the operation of the vehicle, as required by law;

(5)

The permit number of each person who shall drive or operate the vehicle on behalf of the owner; and

(6)

Such other information as may be required by the mayor or the mayor's designee.

(d)

It shall be unlawful for a person hired by the owner of private property within the city to remove vehicles from any off-street parking facility or to do any trespass towing without having first obtained approval of the department of police for the signs required to be posted on the property as provided by section 16-28.014 and as provided by O.C.G.A. § 44-1-13.

(1)

Signs shall be located at each designated entrance to a parking lot or parking area where parking prohibitions are to be effective. Where there is no designated entrance, such signs shall be erected so as to be clearly visible from each and every parking space.

(2)

Such signs shall be 7.5 square feet in area (2.5 feet by three feet).

(3)

Such signs located at a designated entrance to a parking lot shall be at least four feet above the site grade. Where there is no designated entrance, such signs shall be six feet above the grade if vehicles are to be parked between the sign and the maneuvering area for the parking space.

(4)

Such signs shall state in letters at least three inches high that "unauthorized vehicles may be towed away at owner's expense to…." Such signs shall also include the following information in letters at least 2½ inches high:

a.

Such vehicles may be removed at a maximum cost of $85.00 and stored at a maximum cost of $10.00 per day for each day thereafter, all of which shall be paid by the owner;

b.

The address of the location to which such vehicles are towed;

c.

Checks and credit cards shall be accepted in lieu of cash and for no additional fee;

d.

No storage fee may be charged if the vehicle has been held less than 24 hours;

e.

Shall state that these conditions are required by state law and city ordinances; and

f.

Shall state that complaints may be made to the police at 658-6620.

No abbreviations shall be used. The lettering on such signs shall be black on a white, reflective grade background, and shall be illuminated if out of headlight range.

(Code 1977, § 14-9003; Ord. No. 2000-59, § 1, 11-14-00)