§ 10-1-7. Impounding of vehicles.

(a)

Authority to establish vehicle pounds. The chief of police is hereby authorized to create a vehicle pound to which automobiles and other vehicles may be removed by police officers. Such pound shall be located at such places as may be designated by the chief of police.

(b)

When vehicle may be impounded. Whenever any vehicle shall be found parked in any place within the city where parking is not permitted at that time, or whenever any vehicle shall be found parked in violation of the terms of this chapter or any other ordinance relating to traffic, such vehicle may be removed and conveyed by any member of the police department, by means of towing the same, or otherwise, to a vehicle pound.

(c)

Immediate record of impounding to be made. It shall be the duty of the officer so impounding a vehicle to immediately report the fact of such impounding, together with any other information which will definitely identify the vehicle, to the chief of police, who shall cause a permanent record to be made thereof.

(d)

Impounding fees, etc. Fees for removal, impounding and storage of vehicles shall be as determined by the mayor and council.

(e)

Release of impounded vehicles; when fees paid. Any person claiming any impounded vehicle shall produce evidence of his identity and ownership or right of possession to the chief of police and pay to the operator of the pound the fees for removal and storage, for which a receipt shall be given. An order shall then be issued by the chief of police to the operator of a pound to discharge the vehicle and to deliver the same to such person. Thereupon the impounded vehicle shall be surrendered by the operator of the pound who shall take a receipt in duplicate for such impounded vehicle, which receipt shall definitely identify the vehicle, one (1) copy of which become a permanent record of the police department.

(f)

Same; when payment of fees protested. In case protest is made against the payment of any impounding or storage fee, the chief of police may authorize the person in charge of the impounded vehicle to discharge the vehicle upon the following terms and conditions:

(1)

The person making such protest shall be charged with a violation of this chapter or other traffic ordinance and required to make bond for his appearance and trial before the municipal judge. Thereupon, the chief of police shall authorize the person in charge of the impounded vehicle to deliver it to such person.

(2)

If such person is convicted of violating this chapter or other traffic ordinance by the municipal judge, in addition to other costs, the judge shall assess as costs the fees for removal and storage which have accumulated in connection with the impounding of such vehicle.

(g)

Disposition of unclaimed vehicle. In the event any impounded vehicle is not claimed within 60 days from the date it is impounded, the chief of police shall proceed to sell the vehicle as provided by law, and from the proceeds of such sale pay the accrued storage charges and pay the balance, if any, to the city treasury.

(h)

Pound records generally. If shall be the duty of the chief of police to keep a permanent record of all vehicles committed to the pound, the names and addresses of the owners of such vehicles, the numbers of their state license tags and the nature and circumstances of each violation, as well as the disposition of each case.

(i)

Impounding not to preclude other prosecution. The impounding of a vehicle shall not prevent or preclude prosecution for violations of the penal provisions of this chapter or any other ordinance relating to traffic.

State Law reference— Authority to impound illegally parked vehicles, O.C.G.A., Sec. 40-6-206; Abandoned Motor Vehicle Act, O.C.G.A., Sec. 40-11-1 et seq.

(12)

if the parade is designed to be held by, and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf; and

(13)

any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.

(Ord. of 5/5/75, Sec. 4)