§ 78-78. Penalties; enforcement generally.

(a)

Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or no more than 60 days in jail or both for each occurrence; and each occurrence shall be deemed a separate offense. These penalties shall be separate and apart from any costs associated with the removal, towing, seizure, holding or storage of an offending vehicle authorized elsewhere in this article.

(b)

Unless otherwise specifically provided by resolution of the county board of commissioners, the enforcement of this article shall be within the jurisdiction of the county's police department, and department of sheriff and any other county officer authorized by the State of Georgia to make misdemeanor criminal arrests. Enforcement of this article shall also lie with the Fulton County Code Enforcement Division. Specifically, but not by way of limitation, any violation of this section may be tried upon citations issued by enforcement personnel, pursuant to O.C.G.A. § 51-20-63 et seq., and any successor statute. Persons designated by the governing authority are hereby authorized to issue citations or summons or both, charging violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of county ordinances.

(c)

Any person authorized by state law or by this code section to enforce this article may remove an offending vehicle from any road, right-of-way or other public property or have an offending vehicle that is parked on any road, right-of-way or other public property towed to an appropriate location immediately upon its discovery. The notice provisions of O.C.G.A. § 40-11-3 shall be followed as to any vehicle so removed. The owner of the offending vehicle so removed shall be responsible for all reasonable costs associated with the removal or towing of the offending vehicle and any required storage thereof. Any person authorized by state law or by this code section to enforce this article may seize an offending vehicle from any road, right-of-way or other public property and may hold such vehicle until any and all fines imposed upon the owner of the offending vehicle based on the violation(s) are paid in full and any and all costs associated with the removal or towing of the offending vehicle and any required storage thereof have been satisfied in accordance with O.C.G.A. § 40-11-2. Neither the county nor any person authorized by state law or by this code section to enforce this article shall be liable for any damage or loss when an offending vehicle or a vehicle reasonably considered to be offending at the time enforcement action was taken is removed, towed, seized, held or stored in accordance with this provision.

(d)

Nothing in this section is intended to allow or shall be interpreted to allow the removal, towing, seizure, holding or storage of any offending vehicle located on private property unless and to the extent such actions are otherwise authorized in state law.

(e)

For purposes of enforcing the provisions of this section, any Fulton County Court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of county ordinances shall be entitled to take such action to ensure compliance, and the person convicted shall reimburse the county for any cost or expense associated with such compliance efforts and the county shall be entitled to place a lien on the property or require a bond from the person to secure payment and reimbursement for these expenses.

(Ord. No. 98-1059, 8-5-98; Res. No. 09-0288, 3-4-09)

State law reference

Citations for violation of county ordinances, O.C.G.A. § 15-10-60 et seq.; court with jurisdiction for violating county ordinances dealing with traffic offenses, O.C.G.A. § 36-1-20(c).