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Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 162 — Vehicles for Hire

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§ 162-26

Definitions.

Sec. 162-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business license means the license required of any business operating within the city by chapter 30, article III.

Certificate of public necessity and convenience, CPNC means a license permitting a person to operate one vehicle for hire upon the streets of the city. Subject to the regulations contained in this article, a CPNC may be leased; shall be fully transferable pursuant to a purchase, gift, bequest, or acquisition of the stock or assets of a corporation to any person otherwise meeting the requirements of this article; and may be used as collateral to secure a loan.

Company means any person, association, corporation or other organization operating or intending to engage in the business of operating vehicles for hire.

Department means the Atlanta Police Department.

Fees means nonrefundable payments required in this article.

Highways means any of the public streets, roads, boulevards, avenues, drives or alleys of the city.

*Editor’s note—Ord. No. 2015-35(15-O-1250), § 1, approved June 24, 2015, amended the title of Art. II to read as herein set out. Prior to inclusion of said ordinance, Art. II was titled, 1Animal-Drawn Vehicles, Limousines, Taxicabs and Similar Vehicles.1 See also the Code Comparative Table.

Cross reference—Animals, ch. 18.

Narcotic drugs, barbituric acid derivatives and central nervous system stimulants:

(1)Narcotic drugs means coca leaves, opium, cannabis, marijuana, isonipecaine and every synthetic substance known to have narcotic action.
(2)Barbituric acid derivative means each of the salts and derivatives of barbituric acid, also known as malonyl urea, and derivatives, compounds, mixtures or preparations thereof. Barbiturates include all hypnotic or somnifacient drugs, whether or not derivatives of barbituric acids.
(3)Central nervous system stimulants means amphetamine and desocyephedrine and any derivative, compounds, mixture or preparation thereof.

Nolo contendere is to be construed as a guilty plea and is to be considered a conviction.

Open stands means any location on the streets of this city that shall be used by any taxicab or animal-drawn vehicle on a nonexclusive, first come, first served basis and not by private vehicles or other public conveyances. Open stands may not be utilized by limousine, sedan or rideshare operators or other vehicles for hire which are not operated under a CPNC issued pursuant to this article.

Taxicab means a motor vehicle or similar vehicle, device, machine or conveyance used to transport passengers, uses a taximeter, and is authorized to provide taxi services pursuant to this article.

Taximeter means an instrument or device approved by the department attached to a vehicle and designed to measure mechanically or electronically the distance traveled by such vehicle, to record the times the vehicle travels or is in waiting and to indicate the fare to be charged.

Use of narcotic drugs applies to any person who uses one or more of the narcotic drugs or barbituric acid derivatives or central nervous stimulants as defined in this section to any extent, with or without medical need or authority or prescription.

Vehicle for hire means taxicabs and animaldrawn vehicles. (Code 1977, § 14-8001; Ord. No. 1995-37, § 1, 7-11-95; Ord. No. 1995-38, § 1, 7-11-95; Ord. No. 2005-68, § 1, 10-25-05; Ord. No. 2015-35(15-O1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15; Ord. No. 2016-33(16-O1477), § 1, 9-28-16)

Cross reference—Definitions generally, § 1-2.

§ 162-27

Reserved.

Sec. 162-27. Reserved.

Editor’s note—Ord. No. 2009-35(09-0-0976), § 1, approved June 23, 2009, renumbered former § 162-27 as § 162-33. See also the Code Comparative Table.

§ 162-28

Enforcement; violations.

Sec. 162-28. Enforcement; violations.

(a)The department and agents of the Fulton County Society for the Prevention of Cruelty to Animals appointed as special deputy sheriffs by the sheriff of Fulton County, shall enforce this article.
(b)Violations of this article are punishable as provided in section 1-8. (Code 1977, § 14-8021; Ord. No. 1995-37, § 19, 7-11-95; Ord. No. 2015-35(15-O-1250), § 1, 6-2415; Ord. No. 2015-45(15-O-1361), § 1, 9-17-15)
§ 162-29

Hearing officers.

Sec. 162-29. Hearing officers.

(a)The mayor shall have the authority to appoint 16 hearing officers for the purpose of acting as fact finders regarding charges brought by the department against individuals and entities for violation of this article. Each hearing officer shall be appointed for a two-year term and shall receive $75.00 for each day or part thereof the hearing officer appears for hearing. Six of the hearing officers shall be attorneys at law with at least three years in the practice of law. A panel of three hearing officers shall be designated by the department for each case heard. Each panel shall have at least one attorney at law but shall not have more than two attorneys. No person shall be appointed as a hearing officer who holds any interest in any licenses issued under the police powers of the city or who represents any interest which may be adverse to that of the city.
(b)Hearing officers shall have the following functions:
(1)Hold hearings regarding the imposition of any fine by the department for violation of any section in this article.
(2)Hold hearings regarding any proposed denial, suspension or revocation of any CPNC, or ground transportation vehicle for hire company permit issued in accordance with chapter 22 of the city Code of Ordinances.
(3)Hear any other matter which requires approval under this article.
(4)Hear any appeal of administrative penalties assessed against ground transportation vehicle for hire company permit holders in accordance with chapter 22 of the city Code of Ordinances.
(c)(1) After hearing evidence on the charges presented by the department for violations of this article and the individual or entity charged, the panel of hearing officers shall issue findings of fact and shall render a recommendation as to any penalties or fines in writing with reasons for the recommendation. Such findings and recommendations shall be submitted to the police chief, whose decision shall be final, subject to the writ of certiorari as provided by law.
(2)No action shall be taken pursuant to this subsection unless the individual or entity charged has been given five days' notice prior to the hearing. Hearings shall be scheduled by the department as often as necessary to promote expeditious handling of the charges.
(d)After hearing an appeal of an administrative penalty accessed in accordance with chapter 22 of the city Code of Ordinances, the panel of hearing officers shall render an recommendation as to whether a preponderance of the evidence supports the assessment of administrative penalties or other enforcement decision, and the panel of hearing officers shall have the discretion to dismiss or reduce administrative penalties or reverse any other enforcement decision where warranted.
(e)All hearings are administrative in nature, and the strict rules of evidence as applied in court trials shall not apply.
(f)Department officials and employees shall not communicate with hearing panel members about cases the hearing officers will be deciding except as part of their duties within the context of an administrative hearing.
(g)All testimony at the hearings shall be under oath and shall be subject to crossexamination.
(h)The department shall record each hearing, and such recording with any documentation presented to the hearing panel shall constitute the official record of the hearing. Such recordings shall be maintained until 30 days after final action is taken by the chief.
(i)The police chief shall deny, grant, or remand to the panel of hearing officers, any final decision on their recommendation within 30 calendar days of receipt of the findings and recommendation from the panel of hearing officers. Upon review of the panel of hearing officers' findings and recommendation and/or the record created during the panel hearing, if the police chief determines there exists the need to correct a clear error or prevent a manifest injustice, the police chief may remand the matter back to the panel of hearing officers for further hearing. In remanding the matter back to the panel of hearing officers, the police chief shall provide written instructions to the panel of hearing officers and the department identifying specific issues and/or matters the police chief requires the panel of hearing officers to conduct further hearing upon. All matters remanded to the hearing panel of officers shall be scheduled for further hearing before the hearing panel of officers no later than 30 days after the date of remand. A CPNC or permit holder shall be entitled to a five-day written notice from the department stating the specific issues and/or matters to be addressed on remand, along with the place, date and time of the remand hearing.

If the police chief does not make a decision on the recommendation of the hearing panel within the 30 calendar days provided, and does not choose to remand the decision to the hearing panel of officers, the recommendation of the hearing panel of officers shall become the final decision of the police chief. The decision of the chief is subject to review via certiorari to superior court. (Code 1977, § 14-8022; Ord. No. 1995-37, § 20, 7-11-95; Ord. No. 1996-10, 3-11-96; Ord. No. 2005-68, § 2, 10-25-05; Ord. No. 2015-35(15-O1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15; Ord. No. 2016-33(16-O1477), § 2, 9-28-16)

§ 162-30

Power of mayor to suspend and revoke permits and CPNCs and impose civil fines.

Sec. 162-30. Power of mayor to suspend and revoke permits and CPNCs and impose civil fines.

(a)The mayor or the mayor's designee, upon receiving the recommendation of the hearing officers, shall have the authority to suspend and revoke, where applicable, ground transportation vehicle for hire company permits issued in accordance with chapter 22 and CPNCs, and to impose civil fines for violations of this article. Such fine shall not exceed $1,000.00 per violation.
(b)Failure to pay any fines imposed pursuant to this section or administrative penalties assessed in accordance with chapter 22 of the city Code of Ordinances shall constitute due cause for further action by the police chief.
(c)Persons or entities issued citations or assessed administrative penalties in accordance with chapter 22 of the city Code of Ordinances may elect to pay fines and waive hearing before the hearing officers for certain offenses as provided in this article.
(d)The mayor or the mayor's designee shall make the final determination on all denials, suspensions, revocations or other matters, after hearing as set out in section 162-29. (Code 1977, §§ 14-8023, 14-8024; Ord. No. 199537, § 21, 7-11-95; Ord. No. 1996-10, 3-11-96; Ord. No. 2015-35(15-O-1250), § 1, 6-24-15; Ord. No. 2015-45(15-O-1361), § 1, 9-17-15; Ord. No. 201633(16-O-1477), § 3, 9-28-16)
§ 162-31

Classification of vehicles.

Sec. 162-31. Classification of vehicles.

The following classifications of vehicles for hire are established:

(1)Taxicabs; and
(2)Animal-drawn vehicles. (Code 1977, § 14-8003(a); Ord. No. 2015-35(15O-1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15)
§ 162-32

Classifications of drivers.

Sec. 162-32. Classifications of drivers.

The following classifications of drivers of vehicles for hire are established:

(1)Taxicab drivers; and
(2)Animal-drawn vehicle drivers. (Code 1977, § 14-8005(a); Ord. No. 2015-35(15O-1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15)
§ 162-33

Applicability of article; payment of fees.

Sec. 162-33. Applicability of article; payment of fees.

(a)This article shall apply to all vehicles for hire for which a permit has been issued under this article, whether or not such vehicle is operated exclusively within the geographical legal limits of the city, as well as to vehicles for hire which operate in and out of the geographical legal limits of the city to locations not more than ten miles from the geographical legal limits of the city, including any airport owned and operated by the city, whether located within or outside Fulton County or the city.
(b)All fees proscribed in this article must be paid for by money order, certified check or cashier's check. (Code 1977, §§ 14-8019, 14-8020(i), 19-14.033; Ord. No. 1996-10, 3-11-96; Ord. No. 2005-68, § 3, 10-25-05; Ord. No. 2008-33(06-O-1908), §§ 1—4, 5-27-08, eff. 6-30-08; Ord. No. 200935(09-O-0976), § 1, 6-23-09; Ord. No. 2015-35(15O-1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15)

Note—Formerly § 162-27.

§ 162-34

Inspections, generally.

Sec. 162-34. Inspections, generally.

(a)Taxicabs authorized to operate in accordance with chapter 22 of the city Code of Ordinances shall only be subject to inspections in accordance therewith.
(b)Animal-drawn vehicles shall be subject to semiannual inspections.
(c)Nothing in this Article shall prohibit the inspection of a vehicle for hire based upon the reasonable suspicion of violations under this article by a department code enforcement agent or police officer.
(d)There shall be no fees imposed for inspection performed under this article. (Code 1977, § 14-8013; Ord. No. 1995-37, § 23, 7-11-95; Ord. No. 1995-38, § 4, 7-11-95; Ord. No. 2002-69, § 9, 9-25-02; Ord. No. 2009-77(08-O1044), § 1, 12-15-09; Ord. No. 2015-35(15-O1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15; Ord. No. 2016-33(16-O1477), § 4, 9-28-16)
§ 162-35

Taximeters.

Sec. 162-35. Taximeters.

Taxicabs authorized to operate in accordance with chapter 22 of the city Code of Ordinances shall only be subject to inspections of taximeters in accordance therewith. (Code 1977, § 14-8003(h); Ord. No. 2015-35(15O-1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15; Ord. No. 2016-33(16-O1477), § 5, 9-28-16)

§ 162-36

Taxicab comfort.

Sec. 162-36. Taxicab comfort.

Taxicabs authorized to operate in accordance with chapter 22 of the city Code of Ordinances shall only be subject to inspections of taxicab comfort standards in accordance therewith. (Code 1977, § 14-8010; Ord. No. 1995-37, § 13, 7-11-95; Ord. No. 2005-68, § 4, 10-25-05; Ord. No. 2015-35(15-O-1250), § 1, 6-24-15; Ord. No. 2015-45(15-O-1361), § 1, 9-17-15; Ord. No. 201633(16-O-1477), § 6, 9-28-16)

§ 162-37

Animal-drawn vehicle inspections.

Sec. 162-37. Animal-drawn vehicle inspections.

(a)Criteria. All animal-drawn vehicles shall comply with the following at all times, and all semiannual inspections shall be conducted by the department at designated inspection stations and shall consist of the following:
(b)Animal-drawn vehicles shall be inspected for proper markings and materials, exterior lights, glass (no cracks), license plate and license plate lights (if applicable), doors and door locks, body and interior check for conditions of upholstery and floor and proper lubrication of body, springs and wheels. In addition, the harness must be oiled and cleaned so as to be soft at all times, and the harness must be properly fitted and maintained and kept free of makeshift materials such as wire, sisal rope and rusty chaining.
(c)Correction slip. If an animal-drawn vehicle fails to pass the requirements of the department's inspection, a correction slip shall be issued to the driver, listing the items that need correction and showing the status of the inspection. The vehicle shall not be operated as a vehicle for hire until it successfully passes inspection; provided that the police chief or the chief's designee, in the chief's discretion, for two periods not to exceed 15 days each, may allow the continued use of a vehicle for hire which substantially complies with the inspection requirements. The police chief shall forward to the company holder a copy of the correction slip.
(d)Sticker. Animal-drawn vehicles passing the semiannual inspection shall have affixed an inspection sticker issued by the department showing the vehicle's CPNC number and the date of the inspection.
(e)Time of inspection. Animal-drawn vehicles shall be inspected during the month of the expiration of the current inspection sticker issued by the department. Willful failure to have a vehicle for hire inspected as required in this section shall be a ground for suspension of the CPNC pursuant to section 162-63.
(f)Schedule. The police chief or the chiefs designee shall establish a schedule of inspection for all animal-drawn vehicles for hire for which CPNCs have been issued. (Ord. No. 2015-45(15-O-1361), § 1, 9-17-15)
§ 162-38

Agents for service of citations.

Sec. 162-38. Agents for service of citations.

The CPNC holder shall designate a company and its officers for which a vehicle for hire is driven as agents of the CPNC holder for the purpose of serving citations on the CPNC holder for failing to comply with this article. As condition of their CPNC, a CPNC holder shall be responsible for violations of this article by either a person driving the vehicle operating under their CPNC or any company for which the vehicle is being driven. (Code 1977, § 14-8011; Ord. No. 2015-35(15-O1250), § 1, 6-24-15; Ord. No. 2015-45(15-O1361), § 1, 9-17-15; Ord. No. 2016-33(16-O1477), § 7, 9-28-16)

§ 162-39

Minimum customer service requirements.

Sec. 162-39. Minimum customer service requirements.

(a)Taxicabs authorized to operate in accordance with chapter 22 of the city Code of Ordinances shall only be subject to inspections of minimum customer service requirements in accordance therewith.
(b)Within 24 hours of the discovery of any personal property left by a passenger in a vehicle for hire, a driver shall forward such property to the department.
(c)A driver shall take the most direct route to a passenger's destination unless otherwise authorized or directed by the passenger.
(d)CPNC holders shall be prohibited from refusing to display to department employees any information required by this article, and shall be prohibited from failing to cooperate with department employees in performing their duties.
(e)It shall be unlawful to drive, or for companies or CPNC holders to allow to be driven, any vehicle for hire which does not have a valid inspection sticker (in the case of animal-drawn vehicles).
(f)Completed receipts must be offered to passengers showing the amount of fare paid, name of company and contact information, the drivers name, CPNC number, number of passengers, location of trip, origination and location of trip termination. If the passenger refuses to accept a receipt, such refusal shall be annotated in the driver's trip sheet.
(g)It shall be unlawful to carry a number of passengers that exceeds the seating capacity of the vehicle for hire according to the vehicle manufacturer's specifications.
(h)Companies and CPNC holders shall be responsible for the failure of their drivers to comply with this section. (Code 1977, § 14-8012; Ord. No. 1995-37, § 14, 7-11-95; Ord. No. 1999-57, § 1, 7-12-99; Ord. No. 2015-35(15-O-1250), § 1, 6-24-15; Ord. No. 201545(15-O-1361), § 1, 9-17-15; Ord. No. 2016-33(16O-1477), § 8, 9-28-16)

_______________________________________________________________________________________________

§ 162-40

Table of violations.

Sec. 162-40. Table of violations.

Taxicab companies authorized to operate in accordance with chapter 22 of the city Code of Ordinances shall be subject to the corrections table set forth herein.

TABLE OF FINES AND DISCIPLINE Information displayed on exterior and interior of cab. Failure to meet comfort requirements. Minimum customer service requirements.

APPEARANCE REQUIRED BEFORE HEARING PANEL ONLY ON THIRD OFFENSE WITHIN A YEAR Offense: Use of taxicab stands, including line jumping.

Fine: $50.00 CORRECTIONS AND RELATED MATTERS Information to be Displayed Company sign not properly affixed CPNC not placed correctly Phone number or rate signs not properly located Vehicle Age Taximeter Meter is fast—Six seconds or more Meter is slow—Six seconds or more Mechanism that must be operable Climate control (1) Air conditioner (summer time) Does not cool (2) Heater will not warm up (winter time)

Time Given for Corrections Three days Three days Three days Do not operate Meter passes between 55 and 65 seconds Do not operate Do not operate Three days Three days Three days

(Ord. No. 2015-45(15-O-1361), § 1, 9-17-15; Ord. No. 2016-33(16-O-1477), § 9, 9-28-16) _______________________________________________________________________________________________
§ 162-41

Facilitation of unlicensed vehicles for hire, or unlawful staging by employees or agents of hotels, lodginghouses, or roominghouses.

Sec. 162-41. Facilitation of unlicensed vehicles for hire, or unlawful staging by employees or agents of hotels, lodginghouses, or roominghouses.

(a)It shall be unlawful for any agent or employee of any entity required to have a license pursuant to Chapter 30, Article XI of the City of Atlanta Code of Ordinances, to direct patrons to any unlicensed and/or un-permitted vehicle for hire, or for any such entity to knowingly permit or allow any of its agents or employees to direct patrons to any unlicensed and/or un-permitted vehicle for hire. For purposes of this section, 2unlicensed and/or un-permitted vehicle for hire2 shall mean a vehicle for hire which has not been properly licensed or permitted either under this Article or the State of Georgia.
(b)In addition, it shall be unlawful for any agent or employee of any entity required to have a license pursuant to Chapter 30, Article XI of the City of Atlanta Code of Ordinances to allow a vehicle which is not pre-arranged, to stage as prohibited by O.C.G.A. § 36-60-25(e). (Ord. No. 2015-45(15-O-1361), § 1, 9-17-15)

Secs. 162-42—162-55. Reserved.

DIVISION 2. CPNC
§ 162-56

Required.

Sec. 162-56. Required.

(a)No vehicle for hire shall be operated on the highways of the city until its owner or lessee has obtained for such vehicle a valid certificate of public necessity and convenience, and until the company with which it is affiliated has obtained a business license from the city. No such business license shall be issued until the CPNC and company permits have been issued by the department.
(b)No taxicab shall be operated on the highways of the city without a decal corresponding to the CPNC number under which the vehicle is operating issued by the department, properly affixed thereto. To secure decal issuance, the company shall certify the make, model, year and vehicle identification information of the vehicle to be operated under the CPNC by on a form to be provided by the department. There shall be no fee imposed by the department for the issuance of a CPNC decal.
(c)Companies and CPNC holders shall be responsible for the failure of their drivers to comply with this section.
(d)No fine shall be imposed for failure to have a CPNC decal affixed to a taxicab in violation of this section before January 1, 2016. (Code 1977, § 14-8003(b); Ord. No. 1995-37, § 2, 7-11-95; Ord. No. 2015-35(15-O-1250), § 2, 6-2415; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15)
§ 162-57

Qualifications of applicant.

Sec. 162-57. Qualifications of applicant.

(a)In order to secure a CPNC, an applicant must first provide a document showing a current CPNC holder's willingness to sell or lease a CPNC, except where conveyed pursuant to section 162-62(f), and must provide information showing its qualification on a form provided by the department. The applicant must:
(1)Be at least 18 years of age.
(2)Be a citizen of the United States or an alien admitted for permanent residence or otherwise granted employment authorization by the United States Immigration and Naturalization Service.
(3)Not have been convicted of any felony if such violation is related to the operation of a motor vehicle or with operation of a vehicle for hire and not have been convicted of any section of this Code or other ordinance of the city governing the conduct of CPNC holders; provided, however, that all such persons shall be entitled to the full benefits of O.C.G.A. tit. 42, ch. 8, art. 3 (O.C.G.A. § 42-8-60 et seq.), the First Offender Act and be considered as provided in section 30-29.
(b)Should the applicant for a CPNC be a corporation or partnership, the chief executive officer of the corporation or, if a partnership, the partner with the greatest proprietary interest shall possess all of the requirements set out in subsection (a) of this section. (Code 1977, § 14-8003(c), (d); Ord. No. 1995-37, § 2, 7-11-95; Ord. No. 2007-06, § 1, 2-13-07; Ord. No. 2015-35(15-O-1250), § 2, 6-24-15; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15)
§ 162-58

Notice of changes; company affiliation.

Sec. 162-58. Notice of changes; company affiliation.

In order to maintain a CPNC for a vehicle for hire, any person and any taxieab driver or company operating within the city using such CPNC must:

(1)Within ten days of any of the following, the CPNC holder shall so notify the department in writing:
a.Change in the chief executive officer, if a corporation, and the notification shall set out the names of the persons involved in the change.
b.Change in the CPNC holder of 50 percent or more of the proprietary interest, if a partnership, corporation, firm or association, and the notification shall set out the names of the persons involved in the change.
c.Change of address of the CPNC holder.
(2)Each CPNC holder of the taxicab classification shall be affiliated with a company, except when the CPNC holder is a company. The CPNC holder shall notify the department of any change in the holder's company affiliation within three days of any such change on a form to be provided by the department.
(Code 1977, § 14-8003(c), (d); Ord. No. 1995-37, § 2, 7-11-95; Ord. No. 2007-06, § 1, 2-13-07; Ord. No. 2015-35(15-O-1250), § 2, 6-24-15; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15)
§ 162-59

Replacement vehicle.

Sec. 162-59. Replacement vehicle.

If a vehicle for hire for which a CPNC has been issued is replaced by another vehicle, no new CPNC application shall be required. However, the vehicle identification information and certification by the company set forth in section 162-56, shall, within five days of replacement, be submitted to the department for issuance of a CPNC decal. (Code 1977, § 14-8003(f); Ord. No. 2015-35(15-O1250), § 2, 6-24-15; Ord. No. 2015-45(15-O1361), § 2, 9-17-15)

§ 162-60

Reserved.

Sec. 162-60. Reserved.

Editor’s note—Ord. No. 2015-35(15-O-1250), § 2, approved June 24, 2015, repealed § 162-60, which pertained to temporary CPNC for limousines. See also the Code Comparative Table.

§ 162-61

Number limited; costs.

Sec. 162-61. Number limited; costs.

(a)The maximum number of taxicab CPNC's outstanding shall be 1,600, which is the number of CPNC's issued as a result of the legislative limitation established in 1995. This limitation is specifically based upon the relationship between the number of taxicabs operating within a geographic area and the quality of service they provide. An excessive number of taxicabs results in a reduced level of service and more passenger complaints.
(b)The maximum number of animal-drawn vehicle CPNC's outstanding shall be 31, which is the number of CPNC's issued as a result of the legislative limitation established in 1995. This limitation is specifically based upon the quality of service provided by animal-drawn vehicles and upon the necessity for humane treatment of the animals involved.
(c)The market value of any type of CPNC will be determined on January 1 of each year. For purposes of this article only the term 3market value3 shall mean the value calculated by the department based upon the sales prices for each CPNC during the prior year. (Code 1977, § 14-8004; Ord. No. 1995-37, § 2, 7-11-95; Ord. No. 1995-38, § 3, 7-11-95; Ord. No. 1998-8, § 1, 2-23-98; Ord. No. 2000-48, § 1, 8-13-00; Ord. No. 2009-09(09-O-0204), § 1, 2-2309; Ord. No. 2009-58(09-O-1651), § 1, 9-30-09;

Ord. No. 2011-54(11-O-1684), § 1, 11-20-11, eff. 1-1-12; Ord. No. 2012-51(12-O-1725), § 1, 12-1212; Ord. No. 2013-68(13-O-1397), § 1, 12-11-13; Ord. No. 2014-28(14-O-1338), § 1, 7-16-14, eff. 7-15-14; Ord. No. 2014-57(14-O-1592), § 1, 12-1014, eff. 1-1-15; Ord. No. 2015-35(15-O-1250), § 2, 6-24-15; Ord. No. 2015-45(15-O-1361), § 2, 9-1715)

§ 162-61.1

Renewal.

Sec. 162-61.1. Renewal.

The CPNC holder shall apply for and obtain an annual renewal of the CPNC upon payment of a fee of $100.00 and provision of evidence that the holder continues to possess the necessary qualifications for holding a CPNC. This fee shall be paid by the last day of the month in which the CPNC was initially issued. Those persons holding CPNC's who paid annual CPNC fees between September 17, 1997 and the date on which this section becomes effective, and who can produce a receipt or other proper proof of such payment, will receive credit for such payments toward future CPNC annual renewal fees. (Ord. No. 1995-37, § 2, 7-11-95; Ord. No. 199538, § 2, 7-11-95; Ord. No. 1996-10, 3-11-96; Ord. No. 2000-48, § 2, 8-13-00; Ord. No. 2015-35(15O-1250), § 2, 6-24-15; Ord. No. 2015-45(15-O1361), § 2, 9-17-15)

§ 162-62

Transferability.

Sec. 162-62. Transferability.

(a)A CPNC for a vehicle for hire shall be transferred pursuant to a purchase, gift bequest or acquisition of the stock or asset of a corporation, provided that the following requirements are met:
(1)A written statement is submitted to the department including the following information:
a.The name and address of the transferor and the transferee;
b.The CPNC number and the date the transferor received same;
c.A description of the vehicle transferred or a description of the vehicle to which the CPNC is being transferred, which includes make, model, year and vehicle information number (serial number).
(2)The transferee shall submit an application for a CPNC and shall meet all requirements for same.
(3)A certified copy of a binding agreement to transfer the CPNC shall be provided, if such an agreement exists.
(4)The vehicle of the transferee shall have been inspected and approved for the issuance of an inspection sticker in the case of an animal-drawn vehicle or a CPNC decal in the case of a taxicab, and otherwise comply with all of the requirements of this chapter.
(5)No voluntary transfer or sale of a CPNC may be made if a judgment has been filed with the department against the holder of a CPNC and remains unsatisfied and notice of said judgment has been filed with the department, except that a transfer may be permitted if an appeal is pending from an unsatisfied judgment and a bond is filed in an amount sufficient to satisfy the judgment but not to exceed the fair market value of the CPNC or CPNC's being transferred. Transfer may also be permitted without filing a bond, provided that all the judgment creditors of unsatisfied judgments file written permission for such a transfer with the department.
(6)The transferee shall supply proof to the department that he or his transferor has filed a bond to cover all of the outstanding tort liabilities of the transferor in excess of the amount covered by a bond or insurance policy in effect at the time the claim arose; however, this requirement shall not apply to a legatee or distributee of a descendant's estate owning a CPNC.
(7)An owner's interest in a CPNC may be transferred involuntarily and disposed of by public or private sale in the same manner as personal property. However, upon such involuntary transfer, the owner's CPNC shall immediately be canceled and a new CPNC issued to the transferee, provided that the transferee has satisfied the requirements of this article, except that if the involuntary transfer is by reason of a tort judgment against an involuntary transferor, no bond need be provided with respect to the same judgment.
(8)All open items, including summons, outstanding fines and penalties against the CPNC must be cleared before a transfer will be approved. When the transferor is a corporation and there are two or more CPNC's open items against all CPNC's must be cleared in order to transfer one CPNC.
(b)A CPNC may not be transferred during a period of suspension.
(c)If a CPNC has been revoked, transfer will be permitted in accordance with subsection (a).
(d)In the event of the death of any person holding a CPNC, the CPNC may be transferred by the chief to the administrator, executor or any lawful heir of the deceased person if the transferee meets all requirements for obtaining a CPNC. The CPNC shall be automatically suspended upon the death of the CPNC holder pending the presentation of letters of temporary administration to the department. If no application for a transfer has been filed within one year from the time of the presentation of letters of temporary administration to the department, this shall constitute due cause for the revocation of the CPNC. When a CPNC or stock in a corporation owning a CPNC is distributed from an estate to a legatee or distributee, the following documents shall be submitted with the transfer application:
(1)A certified copy of the relevant death certificate;
(2)A certified copy of letters testamentary or letters of administration; and
(3)A copy of the will, if any, certified by the attorney for the estate.
(e)Nothing in this section shall prohibit the transfer of a security interest in a CPNC from its owner to a financial or lending institution or corporation or individual so that such CPNC may be used as collateral for a loan. Notice of the use of any CPNC as collateral for a loan must be provided by the person to whom the CPNC has been issued within five days to the department on a form provided by the department.
(f)Any CPNC conveyed by the City of Atlanta will be conveyed in accordance with Chapter 2, Article X of the Atlanta Code of Ordinances. No CPNC sold by the city will be sold for less than market value during that year. (Code 1977, § 14-8014(a), (b); Ord. No. 1995-37, § 15, 7-11-95; Ord. No. 2008-03(07-O-2585), § 1, 1-30-08; Ord. No. 2015-35(15-O-1250), § 2, 6-2415; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15)
§ 162-63

Revocation and suspension.

Sec. 162-63. Revocation and suspension.

(a)Upon a finding of due cause, as provided in subsection (b) of this section, the mayor or the mayor's designee shall have the authority to revoke or suspend any CPNC for a vehicle for hire issued by the city.
(b)Due cause for the revocation or suspension of a CPNC shall include but shall not be limited to the following:
(1)The failure of the CPNC holder to maintain any and all of the general qualifications applicable to the initial issuance of the CPNC as set forth in sections 162-57 and 162-58.
(2)Obtaining a CPNC by providing false information.
(3)Violation of any section of this article.
(4)If the holder of the CPNC has knowledge or in the exercise of reasonable care should have had knowledge of the violation of a driver who is affiliated with the CPNC holder of any of the following offenses:
a.Driving under the influence of intoxicating beverages or drugs.
b.Criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, child molestation, criminal solicitation to commit any of such, criminal attempt to commit any of such or possession, sale or distribu-tion of narcotic drugs, barbituric acid derivatives or central nervous system stimulants, if such violation is related to the operation of a vehicle for hire or violation of any section of this Code or other ordinance of the city governing the conduct of drivers of vehicles for hire.
(c)No CPNC issued by the city shall be revoked or suspended except upon a finding of due cause as defined in subsection (b) of this section and after a hearing and upon a prior five-day written notice to the CPNC holder stating the place, date, time and purpose of such hearing and setting forth the charge upon which the hearing shall be held. The hearing shall be held within 15 days of the date the notice is issued.
(d)A panel of duly appointed hearing officers shall conduct the hearings and report its conclusions and recommendations to the mayor or the mayor's designee. The mayor or the mayor's designee, upon receiving the report, may revoke or suspend any CPNC. In lieu of suspension or revocation, the mayor or the mayor's designee may impose a fine upon any CPNC holder, such fine not to exceed $1,000.00 for each violation. The maximum period of suspension of a CPNC shall be 12 months.
(e)After revocation of a CPNC pursuant to subsection (b)(2) of this section, no application for a CPNC shall be accepted or considered for a period of 36 months from the date of revocation.
(f)For due cause, for a violation of this article which results in a situation in which continued operation by the CPNC holder endangers the health, welfare or safety of the public, the mayor or the mayor's designee may suspend any CPNC under this section. Such immediate temporary suspension may be done upon summary consideration of facts that indicate due cause and of facts that indicate an immediate danger. Notice of the temporary suspension shall be given immediately to the CPNC holder stating the facts upon which the suspension is based and stating the time and place of a full hearing as provided in subsections (c) and (d) of this section.
(g)Whenever any person holding a CPNC is convicted of or pleads guilty to or pleads nolo contendere to any of the following offenses in any court, such disposition shall constitute due cause for suspension, revocation or a fine in accordance with subsections (b), (c) and (d) of this section: driving under the influence of intoxicating beverages or drugs, criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, child molestation, criminal solicitation to commit any of such, criminal attempt to commit any of such, or possession, sale or distribution of narcotic drugs, barbiturate acid derivatives or central nervous system stimulants. (Code 1977, § 14-8007; Ord. No. 1995-37, § 11, 7-11-95; Ord. No. 2015-35(15-O-1250), § 2, 6-2415; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15)

Secs. 162-64—162-75. Reserved.

DIVISION 3. RESERVED* Secs. 162-76—162-95. Reserved.

DIVISION 4. COMPANY PERMITS†

§ 162-97

Company permits.

Sec. 162-97. Company permits.

Only taxicabs affiliated with a taxicab company holding a ground transportation permit issued in accordance with chapter 22 of the city Code of Ordinances and authorized to operate in accordance therewith shall be allowed to operate at Hartsfield-Jackson Atlanta International Airport. No further company permits shall be required. (Ord. No. 2016-33(16-O-1477), § 10, 9-28-16)

*Editor’s note—Ord. No. Ord. No. 2015-35(15-O-1250), § 3, approved June 24, 2015, repealed Div. 3, §§ 162-76—16284, which pertained to driver permits. See also the Code Comparative Table.

†Editor’s note—Ord. No. 2016-33(16-O-1477), § 10, approved Sept. 28, 2016, amended division 4 in its entirety to read as herein set out. Former division 4, §§ 162-97—162104, pertained to similar subject matter, and derived from Code 1977, §§ 14-8006(a)—(e), (g), 14-8009, 14-8014(c); Ord. No. 1995-37, § 10, 7-11-95; Ord. No. 1995-38, §§ 6, 15, 7-11-95; Ord. No. 2005-68, §§ 12, 13, 10-25-05; Ord. No. 2015-35(15-O-1250), § 4, 6-24-15; Ord. No. 2015-45(15-O1361), § 3, 9-17-15.

Secs. 162-98—162-115. Reserved.

DIVISION 5. TAXICABS
§ 162-116

Color scheme.

Sec. 162-116. Color scheme.

The CPNC holder shall require the company for which a vehicle for hire is driven to have all of its taxicabs painted the same color, such color to be chosen by the company and approved by the department, and shall have all of its taxicabs marked with a uniform logo or insignia. (Code 1977, § 14-8015; Ord. No. 2015-35(15-O1250), § 5, 6-24-15; Ord. No. 2015-45(15-O1361), § 4, 9-17-15; Ord. No. 2016-33(16-O1477), § 11, 9-28-16)

§ 162-117

Use of open stands.

Sec. 162-117. Use of open stands.

(a)The department shall maintain a list of all open taxicab stands. Taxicab stands shall be created by the department based on the criteria of traffic conditions, public necessity and convenience and the effect on police functions.
(b)Open stands shall be used exclusively by taxicabs for which CPNCs have been issued by the city. Open stands may not be utilized by limousine, sedan or rideshare operators or other vehicles for hire which are not operated under a CPNC issued pursuant to this article. No taxicab shall be placed upon or occupy any taxicab stand except for the purpose of being held forth for hire. Taxicabs shall be placed on stands only from the rear and shall be moved forward and to the front of the stand immediately as space becomes available by the departure or movement of preceding taxicabs. No driver may solicit a customer from anywhere to the rear of the first position in the stand. Violation of these rules constitutes line jumping. When a taxicab stand is occupied to its full capacity, no taxicab shall wait outside of a cab stand in violation of any traffic laws of the city. The driver of any taxicab occupying a stand shall not leave that taxicab unattended.
(c)For purposes of this section, the airport taxicab waiting area known as the Taxi Assembly Arca shall be considered a taxicab stand.
(d)Companies and CPNC holders shall be responsible for the failure of their drivers to comply with this section. (Code 1977, § 14-8016; Ord. No. 1995-37, § 16, 7-11-95; Ord. No. 2015-35(15-O-1250), § 5, 6-2415; Ord. No. 2015-45(15-O-1361), § 4, 9-17-15)
§ 162-118

Schedule of fares.

Sec. 162-118. Schedule of fares.

(a)All CPNC holders shall require all taxicab companies and drivers to charge up to the following schedule of maximum fares, except as otherwise provided in this section:
(1)The first one-eighth mile, $3.50.
(2)Each additional one-eighth mile, $0.30.
(3)Waiting time, $24.00 per hour.
(4)For each additional passenger in excess of one riding in the vehicle on the same trip, $2.00 per person. Only one child in the company of an adult will be charged the additional passenger fee; any additional children will not be charged any additional passenger fee. Children under six will not be charged.
(5)There shall be no charge for use of additional space for luggage, trunks or cargo for which the trunk space in a four-door sedan would not be adequate.
(6)A 20 percent discount on a metered fare be given to a disabled person or person age 65 or older.
(7)Fuel surcharge. Once the gasoline price for regular unleaded fuel has averaged between $2.90 and $4.39 over a 14 consecutive day period according to the AAA published data, there shall be imposed a fuel surcharge of $2.00 per trip.
(8)Initial airport fare. A charge of $1.50 shall be applied to all taxicab services originating from the Atlanta Airport. No mileage, waiting time, or other charges are included in the initial airport fare. Additional Atlanta Airport flat rate zone fares shall apply in the manner set forth in this section.
(9)There shall be an initial money drop of $10.00 for each trip.
(b)For taxicab trips between (to and from) the Atlanta airport and destinations within the Downtown Flat Rate Zone described in subsection (d) of this section, passengers shall be charged a flat rate fare of $36.00, with an additional $2.00 charge for each passenger. In addition to such flat rate fares, a charge of $21.00 per hour of waiting time shall be imposed. If passengers on the same trip desire different destinations within the same flat fare zone, after the first stop, a $1.00 charge, in addition to the per- passenger fare, will be assessed to each passenger discharged.

For taxicab trips between (to and from) the Atlanta Airport and to a destination within the Buckhead Flat Rate Zone described in subsection (d) of this section, passengers shall be charged a flat rate fare of $48.00, with an additional $2.00 charge for each passenger. In addition to such flat rate fares, a charge of $21.00 per hour of waiting time shall be imposed. If passengers continue in the same flat fare zone, after the first stop, a $1.00 charge, in addition to the per-passenger fare, will be assessed to each passenger discharged.

For taxicab trips between (to and from) the Atlanta Airport and to a destination within the Midtown Flat Rate Zone described in subsection (d) of this section, passengers shall be charged a flat rate fare of $38.00, with an additional $2.00 charge for each passenger. In addition to such flat rate fares, a charge of $21.00 per hour of waiting time shall be imposed. If passengers continue in the same flat fare zone, after the first stop, a $1.00 charge, in addition to the perpassenger fare, will be assessed to each passenger discharged.

All fares listed in this section shall include applicable sales tax.

(c)If two or more passengers enter the same taxicab at the airport and the destinations of such passengers are not all within the downtown zone, the passenger going to the downtown zone shall pay the flat rate as set out in subsection (b) of this section, and the remaining passenger shall pay the same fare as the first passenger plus the fare computed on the meter as set out in subsection (a) of this section for the remaining segment of the trip. If passengers on the same trip desire different locations within the same flat fare zone, after the first stop, a $1.00 charge or $0.50 for senior and disabled citizens, in addition to the per-passenger fare, will be addressed to each passenger discharged.
(d)The legal description of the Downtown Flat Rate Zone shall be as follows: Starting at the intersection of Ashby Street and North Avenue, then proceeding east on North Avenue to the intersection of North Avenue and Boulevard. Then proceeding south on Boulevard to the intersection of Boulevard and Atlanta Avenue. Then proceeding west on Atlanta Avenue to the intersection of Atlanta Avenue and Interstate 75/85. Then proceeding north on Interstate 75/85 to the intersection of Interstate 75/85 and Georgia Avenue. Then proceeding west on Georgia Avenue to the intersection of Georgia Avenue and Glenn Street. Then proceeding west on Glenn Street to Ralph David Abernathy Boulevard continuing west on to the intersection of Ralph David Abernathy Boulevard and Ashby Street. Then proceeding north on Ashby Street to the intersection of Ashby Street and North Avenue and the starting point.

The legal description of the Midtown Flat Rate Zone shall be as follows:

Starting at the intersection of North Avenue and Interstate 75/85, then proceeding east on North Avenue to the intersection of North Avenue and Boulevard. Then proceeding north on Boulevard to Monroe Drive continuing to the intersection of Monroe Drive and Piedmont Avenue. Then proceeding north on Piedmont Avenue to the intersection of Piedmont Avenue and Interstate 85. Then proceeding south on Interstate 85 to the intersection of Interstate 85 and Interstate 75. Then proceeding north on Interstate 75 to the intersection of Interstate 75 and Northside Drive. Then proceeding south on Northside Drive to the intersection of Northside Drive and North Avenue. Then proceeding east on North Avenue to the intersection of North Avenue and Interstate 75/85 and the starting point.

The legal description of the Buckhead Flat Rate Zone shall be as follows: Starting at the intersection of Peachtree Road and Wieuca Road and proceeding east on Peachtree Road to Roxboro Road. Then proceeding south on Roxboro Road to West Roxboro Road continuing south of West Roxboro Road to the intersection of West Roxboro Road and Shady Valley Road. Then proceeding south on Shady Valley Road to Buford Highway continuing south to the intersection of Buford Highway. Then proceed south on Buford Highway to the intersection of Buford Road and Sidney Marcus Boulevard. Then proceed west on Sidney Marcus Boulevard to the intersection of Sidney Marcus Boulevard and Piedmont Road. Then proceed north on Piedmont Road to the intersection of Piedmont Road and East Wesley Road. Then proceed west on East Wesley Road, continuing to West Wesley Road to the intersection of West Wesley Road and Northside Drive. Then proceed north on Northside Drive to the intersection of Northside Drive and Hillside Drive. Then proceeding east on Hillside Drive to the intersection of Hillside Drive and Powers Ferry Road. Then proceeding north on Powers Ferry Road to the intersection of Powers Ferry Road and Wieuca Road. Then proceeding east on Wieuca Road to the intersection of Wieuca Road and Peachtree Road and the starting point.

(e)For taxicab trips originating from a business (e.g. hotel, restaurant, mall, or other commercial enterprise) and concluding at another business within the Buckhead Flat Rate Zone described in subsection (d) above, a single passenger shall be charged $8.00. Each additional passenger on the same trip shall be charged $2.00. Trips engaged within the zone but destined to terminate outside the zone will be metered. Drivers are prohibited from engaging another passenger whose destination is more than a two-block diversion from the destination of any other passengers already engaged.
(f)For taxicab trips originating from a business (e.g. hotel, restaurant, mall, or other commercial enterprise) and concluding at business within the Downtown Flat Rate Zone described in subsection (d) above, a single passenger shall be charged $8.00. Each additional passenger on the same trip shall be charged $2.00. Trips engaged within the zone but destined to terminate outside the zone will be metered. Drivers are prohibited from engaging another passenger whose destination is more than a two-block diversion from the destination of any other passengers already engaged. Drivers will be permitted to load and unload passengers at any location within the Downtown Zone unless such loading or unloading impedes the traffic flow or is unsafe for any other reason.

For taxicab trips originating from a business (e.g. hotel, restaurant, mall, or other commercial enterprise) and concluding at business within the Midtown Flat Rate Zone described in subsection (d) above, a single passenger shall be charged $8.00. Each additional passenger on the same trip shall be charged $2.00. Trips engaged within the zone but destined to terminate outside the zone will be metered. Drivers are prohibited from engaging another passenger whose destination is more than a two-block diversion from the destination of any other passengers already engaged.

(g)The schedule of fares established in this section shall constitute the maximum fare which may be charged, unless the mayor and council shall provide a different maximum fare by ordinance. Any fares provided in this section or otherwise by ordinance do not prohibit taxicab operators or companies from charging lower fares. (Code 1977, § 14-8020(a)—(g); Ord. No. 1995-37, § 18, 7-11-95; Ord. No. 1995-38, § 5, 7-11-95; Ord. No. 1996-10, 3-11-96; Ord. No. 2002-43, §§ 1—3, 5-28-02; Ord. No. 2002-69, §§ 1—5, 9-25-02; Ord. No. 2005-66, § 1, 10-25-05; Ord. No. 2005-79, § 1, 11-30-05; Ord. No. 2008-56(08O-1125), §§ 1, 2, 7-14-08; Ord. No. 2009-25(08O-2296), § 1, 5-12-09; Ord. No. 2015-35(15-O1250), § 5, 6-24-15; Ord. No. 2015-45(15-O1361), § 4, 9-17-15; Ord. No. 2016-33(16-O1477), § 12, 9-28-16; Ord. No. 2023-19(23-O1235), § 1, 6-14-23)
§ 162-119

Abuse of driver by passenger prohibited.

Sec. 162-119. Abuse of driver by passenger prohibited.

It shall be unlawful for a taxicab passenger to abuse a taxicab driver. (Code 1977, § 17-3020; Ord. No. 2015-35(15-O1250), § 5, 6-24-15; Ord. No. 2015-45(15-O1361), § 4, 9-17-15)

§ 162-120

Information to be displayed on taxicabs.

Sec. 162-120. Information to be displayed on taxicabs.

(a)Required. All taxicabs shall have affixed to the exterior the following:
(1)CPNC number, affixed by means of permanent, nonmagnetic decals to the front left hood, the rear right trunk lid and each front fender, at least five inches in height, news gothic bold in style, with a width of at least three-eighths of an inch and black or white in color, whichever is most prominent against the background color.
(2)Name of company, painted or affixed by decal, according to specifications provided by the police chief, to the right and left front doors.
(3)Schedule of maximum rates, painted or affixed by decal to the left and right rear doors.
(b)CPNC decal. Each taxicab shall have affixed to the upper right corner of the front windshield a current CPNC decal issued by the Department in accordance with section 162-56.
(c)Schedule of rates; identifying information. Each taxicab shall have a schedule of passenger rights, which shall include the right to an airconditioned cab, the right to direct the driver to use a certain route to a destination, except in a flat rate zone and an explanation of all rates and charges including flat rate fares, its CPNC number and the company's name and telephone number in addition to the department's telephone number for complaints and comments on the rear passenger window.
(d)Logo and identification scheme. Each CPNC holder shall require the company for which a vehicle for hire is driven to submit to the police chief a company logo and identification scheme which shall not be the same or similar to any other and which within ten days shall be approved or rejected. Upon approval, the company logo and identification scheme shall be affixed to each vehicle for hire in the company's fleet. The logo and identification scheme shall be affixed to the left and right front doors and any other part of the vehicle, if applicable, and shall not be less than 12 inches in height, but not greater than 24 inches in height.
(e)Dome light on roof. All taxicabs shall be equipped with a dome light not less than six inches in height, permanently affixed to the roof, bearing the term "taxi" or the company name.
(f)Responsibility for compliance. CPNC holders shall be responsible for compliance with this section. (Ord. No. 2015-45(15-O-1361), § 4, 9-17-15; Ord. No. 2016-33(16-O-1477), § 13, 9-28-16)

Secs. 162-121—162-130. Reserved.

DIVISION 6. RESERVED* Secs. 162-131—162-145. Reserved.

DIVISION 7. EQUINE-DRAWN VEHICLES†

§ 162-146

Definitions.

Sec. 162-146. Definitions.

For the purposes of this division the following terms are defined as follows:

Bureau means the bureau of taxicabs and vehicles for hire.

*Editor’s note—Ord. No. 2015-35(15-O-1250), § 6, approved June 24, 2015, repealed, Div. 6, §§ 162-131—162135, 162-141.1—162-141.5, 162-142.1—162-142.5, which pertained to limousines or extended limousines. See also the Code Comparative Table.

†Editor’s note—Ord. No. 2002-30, § 1, approved May 14, 2002, amended the title of division 7 to read as herein set out. Further, said ordinance amended division 7 in its entirety, included as §§ 162-146—162-166 to read as herein set out. Formerly said division pertained to similar subject matter.

Cross reference—Animals, ch. 18.

Business license means the license required of any business operating within the city by chapter 30, article III.

Carriage means any vehicle for hire designed to be drawn by equine and to carry passengers only.

CNPC means a certificate of public necessity and convenience license permitting a person to operate one vehicle for hire upon the streets of the city.

Company means any person, association, corporation or other organization operating or intending to engage in the business of operating vehicles for hire.

Company permit means a permit issued by the bureau authorizing a person to engage in the business of operating vehicles for hire.

Driver means any person permitted to drive an equine-drawn carriage.

Drivers permit means a valid document issued by the bureau to operate an equine-drawn carriage.

Equine means any member of the Equidae species, including horses, mules and asses.

Humane care means, but is not limited to, the provision of adequate food and water consistent with the normal requirements and feeding habits of the equine's size, species, and breed.

Law enforcement agent means a sworn member of the Atlanta Police Department.

Owner means any person owning, having possession or custody of, or in charge of an equine.

Stable means a facility where an equine is permanently or temporarily boarded, housed, or maintained.

Vehicle for hire means any motor vehicle, animal-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire, the charges for use of which are determined by agreement.

Veterinarian means a person licensed by the State of Georgia to practice veterinary medicine and who specializes in equine or large animal medicine. (Ord. No. 2002-30, § 1, 5-14-02)

§ 162-147

Removal of equine from service for violation.

Sec. 162-147. Removal of equine from service for violation.

(a)Upon discovery of a violation of any section in this article relating to equine-drawn vehicles for hire, the bureau may issue an order to the person responsible for the violation requiring the removal of the subject equine from service.

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(b)No equine which has been removed from service for violation of this section shall be returned to service until the equine has been inspected by the bureau and approved for return to service in writing.
(c)Any person who refuses to comply with the order of the bureau or who complies with the order and returns the equine to service before being inspected and approved by the bureau shall be guilty of the offense of refusing to obey an order of the bureau. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-148

Equine identifying number and certificate of veterinary inspection.

Sec. 162-148. Equine identifying number and certificate of veterinary inspection.

(a)Each equine used to draw a vehicle for hire must have its own legible identifying number permanently affixed to its body in a manner approved by the bureau.
(b)A certificate of veterinary inspection ("CVI"), that has been prepared no more 30 days prior to the date the equine is placed in service and includes the identifying number, shall be furnished to the bureau when an equine is placed in service and again each 12 months thereafter. The certificate shall show that a veterinarian licensed by the state, and accredited, has given the equine a complete physical examination including a Coggins test with negative results as required by state law and the equine's body temperature. The certificate shall also state that the equine is fit for service in pulling vehicles for hire. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-149

Operating regulations.

Sec. 162-149. Operating regulations.

(a)Equine-drawn vehicles shall adhere to the following operating specifications during the hours of operation:
(1)Vehicles shall not make any left turn movements except from one-way streets and those included in routes authorized by the bureau.
(2)Vehicles shall travel in the curb lane except when passing parked vehicles or other obstructions which prevent use of the curb lane.
(3)Vehicles shall not travel on streets with grades equal to or greater than ten percent without approval of the bureau and bureau of traffic and transportation.
(4)Vehicles shall not stop within the roadway other than at designated loading and unloading areas except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
(5)Vehicles shall observe all applicable rules of the road as set forth in the state rules of the road.
(b)The driver of an equine drawn carriage shall:
(1)Possess and display at all times his or her license to operate an equine-drawn carriage in the front/passenger compartment of the carriage.
(2)A driver shall not drive a carriage when a passenger is standing in the carriage or not seated securely inside of the carriage.
(3)If a trainee is aboard a carriage they must have a training permit issued by the bureau in his or her possession.
(4)A driver shall provide humane care and treatment of the equine under his or her direct supervision and control.
(5)No person shall drive or operate an equine drawn carriage on any public street in the city at any hour other than those so designated, without first obtaining a "special event" permit from the bureau. Such a permit should be applied for at least seven days in advance of the event. (i.e., weddings, parades, etc.). The maximum duration an equine may be utilized for a special event shall be six hours. The driver of the carriage shall have such permit in his or her possession at all times, and must produce it on demand of any law enforcement agent.
(6)No person shall drive or operate an equine drawn carriage on any public street in the city on any day or time designated by the chief of the police department.

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(c)The hours of operation shall be 6:30 p.m. until 6:00 a.m., Monday through Friday, excluding holidays. Saturday, Sunday and holiday hours of operation shall be 1:00 p.m. until 6:00 a.m. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-150

Route system.

Sec. 162-150. Route system.

A proposed detailed route system of an equinedrawn vehicle for hire shall be submitted to the bureau of traffic and transportation for review, recommendation and approval. The bureau of traffic and transportation shall designate streets and hours of the day that equine-drawn vehicles will be prohibited. A route system shall be submitted for each vehicle to be placed into operation. This detailed route system shall include the following information:

(1)The hours of operation for the vehicle.
(2)The days of the week the vehicle will be in operation.
(3)The duration of the operation, i.e., summer only or year-round.
(4)All locations for loading and unloading passengers.
(Ord. No. 2002-30, § 1, 5-14-02)
§ 162-151

Health of equine.

Sec. 162-151. Health of equine.

No equine shall be permitted to pull any vehicle for hire unless the equine is in good health and meets at least the following requirements:

(1)The equine must be at least 36-months old.
(2)The equine must weigh no less than 900 pounds.
(3)The equine shall have no open sores or wounds, shall not be lame or have any other ailment. Any equine found to have an ailment shall not be used without the approval of an approved veterinarian.
(4)The equine must be groomed daily and not have fungus, a dirty coat or exhibit symptoms of illness or irritation.
(5)The equine must have adequate flesh and muscle tone.
(6)The equine must be no more than six months pregnant.
(7)The body weight of the equine must be submitted to the bureau prior to the equine being placed in service and upon request certified in accordance with standards established by the bureau.
(Ord. No. 2002-30, § 1, 5-14-02)
§ 162-152

Equine working conditions.

Sec. 162-152. Equine working conditions.

(a)No equine used as provided in this article shall be worked under any of the following conditions and any owner allowed to let the conditions exist will be found in violation of this article:
(1)If the equine or combination of equine shall pull any combined weight, including passengers and driver, in excess of two times the equine's body weight. No equine or combination of equine shall pull any vehicle which is occupied by a number of persons which exceeds such vehicle's normal safe seating capacity;
(2)If the equine works more than ten hours in any 24-hour period without at least one 20-minute rest break or two ten-minute rest breaks per hour;
(3)If the equine pulling a vehicle for hire is moving at a speed faster than a slow trot. A slow trot means a speed of five to 15 miles per hour;
(4)If the equine works more than 50 hours in any seven-day period or if the equine works more than five consecutive days;
(5)If the equine is worked with equipment, other than normal blinders, which causes an impairment of vision; or
(6)If the equine is subjected to any condition or treatment which will impair the good health and physical condition of the equine.
(7)If the equine is subjected to any conditions that constitute a violation of O.C.G.A. § 16-12.4, relating to cruelty to animals.
(b)For purposes of this section, working hours of equine shall include time spent on rest breaks and all the time equine are available for hire. (Ord. No. 2002-30, § 1, 5-14-02)

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§ 162-153

Use of harness.

Sec. 162-153. Use of harness.

(a)Under this article, no equine will be worked without a padded saddle or a bit that is approved by the bureau.
(b)The harness must be oiled and cleaned so as to be soft at all times.
(c)All pads must be clean and kept soft at all times.
(d)The harness will be properly fitted and maintained and kept free of makeshift material such as wire, sisal rope and hazardous rusty chain. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-154

Inspection of vehicles.

Sec. 162-154. Inspection of vehicles.

(a)Vehicles for hire pulled by equine must be properly lubricated and wheels must spin freely. Such vehicles for hire must be inspected and approved for service by the bureau at least every six months, but are subject to removal of service pending repair and reinspection. The inspection sticker shall be placed on the vehicle in a location approved by the bureau.
(b)Vehicles used for the purposes as outlined in subsection (a) of this section shall conform to the following vehicle specifications:
(1)The wheel base shall be equal to or less than 14 feet.
(2)The total overall length of the vehicle shall be equal to or less than 28 feet.
(3)The maximum overall width of the vehicle shall be equal to or less than 78 inches.
(4)The tires shall be rubber or other resilient material. Metal tires shall be prohibited.
(5)The vehicle right turn radii shall not be greater than 12 feet for the right rear wheel and 24 feet for the left front wheel.
(6)The vehicle shall be drawn by no more than two equine, except at parades and at special events approved by the bureau.
(7)Vehicles shall be equipped with one red light on each outer extremity of the rear of the vehicle body and mounted between two and five feet above the road surface.

Similarly mounted yellow lights shall be mounted on the front of the vehicle body. Each light shall be no less than four inches in diameter. Vehicles shall also be equipped with a slow-moving vehicle emblem as required by O.C.G.A. § 40-8-4.

(8)A certification prepared in accordance with standards established by the bureau indicating the weight of the carriage should be submitted to the bureau at least once yearly, but in any case each time the carriage is modified in any way.
(c)Each company operating carriages must identify each carriage with the CPNC number and the name of the company prominently displayed on each side of the rear of each vehicle. The CPNC number shall be displayed, along with the insurance sticker, on a plate or tag approved by the bureau. Each company will have its listed telephone number printed on the vehicle so as to receive comments and complaints regarding the equine-drawn vehicle service. Each company shall identify each of its carriages by a carriage number assigned by the bureau. This number shall be in addition to the CPNC number and shall be affixed to each side and the rear of the carriage, in a color which contrasts with the carriage background color. The carriage number shall be at least five inches high. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-155

Use of whips.

Sec. 162-155. Use of whips.

No driver of an equine-drawn vehicle for hire may whip an equine with more than a light touch by a whip approved by the bureau. (Ord. No. 2002-30, § 1, 5-14-02)

§ 162-156

Diapers.

Sec. 162-156. Diapers.

No equine shall pull a vehicle for hire unless such equine is wearing a diaper. Diapers must be properly fitting and constructed of a sturdy material to ensure comfort to the equine and complete waste disposal. (Ord. No. 2002-30, § 1, 5-14-02)

§ 162-157

Shoes.

Sec. 162-157. Shoes.

No equine shall be used to pull a vehicle for hire without properly fitting shoes on each prop-JOBNAME: No Job Name PAGE: 166 SESS: 2 OUTPUT: Mon Aug 5 11:20:44 2002 /first/pubdocs/mcc/2/10376_takes erly trimmed hoof. Should an equine throw a shoe during its shift, the time and location must be noted on the trip sheet, and the hoof must be examined by the driver and any nails removed. The equine may complete the fare, but must be shod prior to the next day's shift. (Ord. No. 2002-30, § 1, 5-14-02)

§ 162-158

Water.

Sec. 162-158. Water.

Adequate water for equine pulling vehicles for hire will be provided in the stables at all times and in working areas as often needed and as climate and working conditions require. (Ord. No. 2002-30, § 1, 5-14-02)

§ 162-159

Stalls and stables.

Sec. 162-159. Stalls and stables.

(a)Ventilation and fresh air shall be provided in stalls housing equine used to pull vehicles for hire so as to minimize drafts, odors and moisture condensation.
(b)Ceilings in stalls and stables must be at a height sufficient to allow an equine to fully extend the head and neck without any restriction.
(c)Bedding in stalls and stables shall be highly absorbent and comfortable, if in direct contact with the equine and shall be provided as follows:
(1)Bedding shall be deep enough so as to adequately absorb wetness.
(2)Bedding so used shall not be a type that will harm or in any way be a discomfort to the equine.
(3)Bedding shall be deep enough to provide adequate cushion and support.
(4)Surfaces, including floors, with bedding shall be free of odor and waste and shall be cleaned and disinfected regularly.
(d)Stalls and stables shall be structurally sound and maintained in good repair to protect the equine from injury, and to contain them.
(e)Stalls and stable floors or surfaces shall be constructed and maintained to protect the equine's feet and legs from injury.
(f)Stalls and stables shall be constructed and maintained so as to enable the equine to remain dry and clean.
(g)Stalls shall be constructed and maintained to provide sufficient space to allow each equine to turn about freely and to easily stand, sit or lie in a comfortable, normal position.
(h)Stalls and stables shall be constructed and maintained so that the equine contained therein have easy access to food and water, and such food and water shall be kept free of contamination.
(i)Stalls and stables shall be kept sanitary and receive periodic cleaning to remove feces and other waste materials, including trash and dirt, so as to minimize disease hazards and reduce odors. Such disposal shall meet the guidelines established by city and state health regulations. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-160

Trailers.

Sec. 162-160. Trailers.

Any trailer or vehicle involved in transporting equine governed in this article must be in good working order and must be near the working location to provide speedy removal of any equine in an emergency situation. (Ord. No. 2002-30, § 1, 5-14-02)

§ 162-161

Drivers.

Sec. 162-161. Drivers.

In addition to the requirements imposed upon all drivers for hire by division 3 of this article, drivers of equine-drawn vehicles shall comply with the following:

(1)Each driver must have in possession a completed trip sheet, the form of which shall be provided by the bureau, for the vehicle the driver is driving and the driver's current shift. The trip sheet shall be submitted to the bureau within 30 days.
(2)Drivers must have a working knowledge and general experience involving equine and driving carriages or equine-drawn vehicles. A driver must also have knowledge concerning proper equine grooming, care, equipment and nutrition.
(3)Companies must provide new drivers with 35 hours of training, and guidelines for and the results of training programs shall be submitted to the bureau.

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(4)A driver must complete a written examination prepared and administered by the bureau.
(5)A driver must wear a uniform adopted by the company and approved by the bureau or meet the following guidelines:
a.Wear shoes that entirely cover the foot (no sandals).
b.Wear ankle length dark pants or a dark skirt or dress.
c.Wear a solid white or light blue shirt or blouse with sleeves and folded collar, that shall be tucked in at all times. (No tee shirts or sweatshirts shall be worn)
(6)For the purpose of obtaining a permit to operate an equine-drawn vehicle for hire, a driver need only to have been in possession of a valid Georgia state driver's license, and a resident of the state, for a minimum of 90 days.
(Ord. No. 2002-30, § 1, 5-14-02)
§ 162-162

Fares.

Sec. 162-162. Fares.

(a)A schedule of fares shall be conspicuously displayed on signs that shall be hung or painted on the exterior sides of the carriage. These signs shall bear the amount to be charged per trip and the maximum number of passengers to be carried. It shall be unlawful to charge any rate in excess of the fares so displayed or to carry more than the specified number of passengers. The displayed rates do not pertain to fares charged for special events and reservation events.
(b)The maximum charges shall be:
(1)$45.00 per person (tour)
(2)$10.00 per child ten [years of age] and under (tour)
(3)$20.00 per person (taxi ride). (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-163

Weather conditions.

Sec. 162-163. Weather conditions.

(a)An owner of an equine engaged in the equine drawn vehicle for hire industry shall be prohibited from operating on a public street in the city during the following conditions:
(1)During periods when the temperature exceeds 95 degrees Fahrenheit, as determined and announced by the National Weather Service.
(2)During periods when the temperature is below 26 degrees Fahrenheit, as determined and announced by the National Weather Service.
(3)During periods when the bureau has determined the weather is dangerous or unsuitable for the operation of equinedrawn vehicles for hire.
(b)An equine in use during the periods described in this section shall be immediately returned to its stable by the most direct and authorized route. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-164

Use of open stands.

Sec. 162-164. Use of open stands.

(a)The bureau shall maintain a list of all open equine-drawn carriage stands. Equine-drawn carriage stands shall be created by the bureau based on the criteria of traffic conditions, public necessity and convenience and effect on police functions.
(b)Open stands shall be used exclusively by equine-drawn carriages for which CPNC's have been issued by the city. No equine-drawn carriage shall be placed upon or occupy any carriage stand except for the purpose of being held for hire. Equine-drawn carriages shall be placed on stands only from the rear and shall be moved forward as to the front of the stand immediately, as space becomes available by the departing movement of preceding carriages. Violation of this rule constitutes line jumping and shall be grounds for suspension of a driver's permit. When an equinedrawn carriage stand is occupied to its full capacity, no carriage shall wait outside of a carriage stand JOBNAME: No Job Name PAGE: 168 SESS: 2 OUTPUT: Mon Aug 5 11:20:44 2002 /first/pubdocs/mcc/2/10376_takes in violation of any traffic laws of the city. The driver of any equine-drawn carriage occupying a stand shall not leave that carriage unattended. (Ord. No. 2002-30, § 1, 5-14-02)
§ 162-165

Maintaining equine-drawn vehicle for hire company permit.

Sec. 162-165. Maintaining equine-drawn vehicle for hire company permit.

(a)An equine-drawn vehicle for hire company who has obtained a company permit from the bureau must meet the following criteria to maintain such permit:
(1)Continue to hold a current city business license.
(2)Maintain an office within the city limits that is staffed at least three hours per day and advise the bureau in writing which three hours the office is open.
(3)Submit to the bureau a copy of a current lease for the company premises or an affidavit as to ownership and occupancy.
(4)Maintain a publicly listed telephone number.
(5)Maintain the name and home address of each driver affiliated with the company, along with the name of the CPNC holder who owns or leases the vehicle operated by the driver.
(Ord. No. 2002-30, § 1, 5-14-02)
§ 162-166

Table of fines.

Sec. 162-166. Table of fines.

Code Section 162-154(b)(7) 162-147 162-149 162-15(3)2 162-154(b)(6) 162-154(b)(7) 162-154(c) 162-156 162-157 162-161 162-150 162-151 162-152 162-153 162-155 162-161 162-162 162-163 162-164 First Offense $25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00

(Ord. No. 2002-30, § 1, 5-14-02)

Second Offense $50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 Third Offense $75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 Fourth Offense $100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 Subsequent Offense $100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 Secs. 162-167—162-180. Reserved.

JOBNAME: No Job Name PAGE: 169 SESS: 2 OUTPUT: Mon Aug 5 11:20:44 2002 /first/pubdocs/mcc/2/10376_takes ARTICLE III. SIGHTSEEING VEHICLES DIVISION 1. GENERALLY

§ 162-181

Definitions.

Sec. 162-181. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Operator means the driver of a sightseeing vehicle employed by the owner of a sightseeing service.

Owner means any person owning or operating sightseeing cars in the rendering of sightseeing service.

Sightseeing service means the service rendered to the public for a fee by furnishing transportation to the public in sightseeing vehicles, driven by operators, to points of historic, scenic, cultural or aesthetic interest, on the basis of telephone contract, written contract or other prearrangement. The term "sightseeing service" does not include regularly scheduled sightseeing tours.

Sightseeing vehicle means a motor vehicle capable of normally transporting not less than six persons, including the driver. (Code 1977, § 14-8161)

Cross reference—Definitions generally, § 1-2.

§ 162-182

Unlawful acts.

Sec. 162-182. Unlawful acts.

It shall be unlawful for any person to knowingly operate, offer to operate or permit another person to operate a sightseeing service in the city in violation of this article. It shall be unlawful for any person to hold such person out to the public or advertise that such person renders a sightseeing service in the city unless the person shall have obtained and holds a permit under this article. (Code 1977, § 14-8166)

Secs. 162-183—162-195. Reserved.

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§ 162-196

Required.

Sec. 162-196. Required.

The permit for the rendering of sightseeing service shall be applied for in the same manner as the application for permits pursuant to article II, division 4 of this chapter. (Code 1977, § 14-8162)

§ 162-197

Criteria for issuance.

Sec. 162-197. Criteria for issuance.

No permit for sightseeing service shall be issued to or retained by an owner unless the sightseeing service complies with the following:

(1)All operators shall obtain and maintain a driver's permit as provided in article II, division 3 of this chapter.
(2)All vehicles rendering sightseeing service shall be inspected by a police officer and found to be sightseeing cars and found to meet reasonable standards of comfort and safe operation, as prescribed by section 162-34.
(3)The owner shall designate and maintain an office in the city and shall garage the sightseeing cars in the city and make them available for inspection at all reasonable times by a police officer.
(4)The owner shall provide and maintain the bond or insurance required by section 162-58.
(Code 1977, § 14-8163)
§ 162-198

Transferability.

Sec. 162-198. Transferability.

Any permit granted in accordance with this division may be transferred in the same manner as provided in section 162-103. (Code 1977, § 14-8164)

§ 162-199

Suspension or revocation.

Sec. 162-199. Suspension or revocation.

The mayor may suspend or revoke, after hearing, any permit issued in accordance with this division, where the holder has failed to comply with or has willfully or knowingly violated any of the sections of this article. (Code 1977, § 14-8165)

Secs. 162-200—162-220. Reserved.

ARTICLE IV. WRECKERS AND TOWING SERVICES*

§ 162-221

Definitions.

Sec. 162-221. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Nonconsensual shall mean without the prior consent or authorization of the owner or operator of the motor vehicle being towed.

Wrecker means an automotive vehicle with hoisting apparatus and equipment for towing wrecked or disabled automobiles or other vehicles. The term "wrecker" also includes any vehicle otherwise equipped and used for the purposes of towing wrecked or disabled automobiles or vehicles. (Code 1977, § 14-9001; Ord. No. 2001-21, § 2, 3-12-01)

Cross reference—Definitions generally, § 1-2.

§ 162-222

Compliance required.

Sec. 162-222. Compliance required.

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 any wrecker or towing car without complying with this article. (Code 1977, § 14-9002)

§ 162-223

Licensing and registration.

Sec. 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 law references—Abandoned vehicles, O.C.G.A. § 40-11-1 et seq.; restriction on municipal licensing of wreckers, O.C.G.A. § 48-13-10.1.

JOBNAME: No Job Name PAGE: 262 SESS: 2 OUTPUT: Mon May 7 14:07:56 2001 /first/pubdocs/mcc/2/10376_takes 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)

§ 162-224

Fees.

Sec. 162-224. Fees.

The annual application fee shall be $120.00 for each truck operated by a wrecker service payable by the wrecker company and $50.00 for each wrecker driver. The annual registration fee shall be $25.00 for the operation of a wrecker service. All registrations shall expire on June 30 of each year and shall be renewed between June 1 and June 30 of each year. (Code 1977, §§ 14-9004, 19-14.034)

§ 162-225

Revocation of license; appeals from order of revocation.

Sec. 162-225. Revocation of license; appeals from order of revocation.

(a)The police chief or the chief's designee may revoke the license to operate a wrecker of any person on any of the following grounds:
(1)If the license to operate was procured by fraudulent conduct or false statement of a material fact;
(2)If the licensee proceeds to the scene of an accident in violation of this article;
(3)If the licensee uses a police radio to obtain information as to the location of the scene of an accident;
(4)If the licensee shall pay in the form of a gratuity any person not interested in an accident for information as to the location of an accident;
(5)If the licensee makes any payment to the owner or one in possession of a parking lot or vacant lot in excess of the reasonable and customary fee ordinarily charged by the owner or person in possession of the parking lot or vacant lot for parking thereon, such payment shall be considered a kickback;
(6)If the licensee charges fees in excess of those set out in section 162-227 or violates section 162-233; or
(7)If the licensee violates O.C.G.A. § 44-1-13 or any section of this article.
(b)The violation of any three provisions of this article by any owner or by any employee of a wrecker service or company shall result in the automatic revocation of the wrecker service or company's license.
(c)This revocation shall terminate all authority and permission granted by the license to operate issued to the wrecker owner or any person. Any person whose license has been revoked shall not be eligible to again apply for a license for a period of one year from the date of the revocation.
(d)Any person whose license to operate has been revoked by the police chief or the chief's designee may file an appeal to the license review board within 20 days from the date of revocation. The license review board shall conduct the hearing at a regularly scheduled meeting and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, concur with or reverse the recommendation of the license review board. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Code 1977, § 14-9005; Ord. No. 2008-79(08-O1677), § 27, 11-6-08)
§ 162-226

Fingerprints; permits.

Sec. 162-226. Fingerprints; permits.

(a)It shall be unlawful for any person to drive, use or operate upon any of the streets of the city any wrecker without first having been fingerprinted by the department of police and having been issued a permit by the department of police indicating that this person is eligible to use, drive or operate a wrecker.
(b)The department of police shall conduct a complete search relative to any police record of the person fingerprinted. If there is a record of a violation of this article, no permit will be issued and the person shall be ineligible to use, drive or operate a wrecker upon any of the streets of the city; however, any person denied a permit under this section shall have the right of appeal to the license review board.
(c)Any permit issued under this article shall expire as set forth in this subsection unless earlier canceled or revoked by the mayor or the mayor's designee. The mayor or the mayor's designee may prescribe regulations for certifying the eligibility of this person to continue to use, drive or operate a wrecker without the necessity of this person being again fingerprinted. The annual permit fee shall be $5.00. This permit shall expire on December 31 of the calendar year for which it was effective and shall be renewed between December 1 and December 31 of each calendar year.
(d)The owner of the wrecker shall keep all permits issued under this section in a place so that they may be inspected by any member of the department of police at any time. If the employment of any person possessing this permit is terminated, the permit shall be returned to the person by the owner of the wrecker.
(e)No permit shall be issued to any person who has been convicted in this or any other country within three years immediately prior to the application for this permit of soliciting for prostitution, illegally dealing in narcotics, sex offenses or any other crime involving moral turpitude. Further, this permit shall not be issued to any person who, within the three years immediately preceding the application for this permit, has been convicted of three or more moving traffic violations. To be eligible for this permit, the person applying must possess a current driver's license as provided by the laws of the state. Any person denied a permit under this section or any person whose permit may be revoked under this section shall have the right to appeal this denial or revocation to the license review board.
(f)Any basis set forth in subsection (e) of this section for the denial of a permit shall, if it occurs subsequent to issuance of permit, constitute the basis for a revocation of the permit. (Code 1977, § 14-9011)
§ 162-227

Fees charged for nonconsensual motor vehicle towing.

Sec. 162-227. Fees charged for nonconsensual motor vehicle towing.

(a)Any towing or storage firm engaged in the business of providing nonconsensual motor vehicle towing services shall not charge the owner or operator of any towed motor vehicle a towing and/or storage fee in excess of the maximum amount allowed by the State of Georgia, pursuant to O.C.G.A. Section 44-1-13, Georgia Public Service Commission Transportation Rule 11-1 of $125.00, and as it may be changed from time to time; however, no storage fees shall be charged for the first 24-hour period from the time the motor vehicle is removed from the property. The fee for towing and/or storage shall be all inclusive; no additional fees may be charged for using dollies, trailers, lifts, slim jims or any other equipment or service.
(b)The fees referred to in paragraph (a) above shall be payable by cash, personal check, debit card, or major credit card, including but not limited to Visa, MasterCard, and American Express, at no additional charge.
(c)Nonconsensual motor vehicle towing fees and storage fees shall be established annually by the city council, after receiving recommendations from the department of finance based on financial information submitted by the nonconsensual motor vehicle towing firms, as to their current costs for the removal and storage of vehicles and personal property, and on other information. That information, as well as supporting and quantitative information, shall be submitted by nonconsensual motor vehicle towing firms by October 31 of each year to the chief financial officer. (Code 1977, § 14-9014; Ord. No. 2000-59, § 2, 11-14-00; Ord. No. 2001-21, § 1, 3-12-01; Ord. No. 2001-32, § 1, 5-15-01; Ord. No. 2005-70, § 1, 11-14-05; Ord. No. 2009-07(08-O-2033), § 1, 2-1109)
§ 162-228

Lettering on vehicles.

Sec. 162-228. Lettering on vehicles.

It shall be unlawful for any person, either as principal, agent or employee, to use or operate upon any street of the city any wrecker unless the vehicle shall have lettered on each side in plain view the name of the person owning and causing the wrecker to operate on the streets of the city, the address from which the wrecker is operating and the telephone number. This lettering shall be in a contrasting color to the color of the wrecker and shall be at least 2½ inches in height. (Code 1977, § 14-9006)

§ 162-229

Service calls.

Sec. 162-229. Service calls.

(a)It shall be unlawful for the owner of any wrecker or the owner's agent, representative or employee to go to any place where an accident has occurred unless called by the City of Atlanta Police Department, the driver or the owner of the disabled vehicle or by the owner's authorized representative or employee. It shall further be unlawful for the owner of any wrecker or the owner's agent, representative or employee to go to the place of a wreck because of information received by police radio.
(b)Prior to towing a vehicle from any site where an accident has occurred, the employee of a wrecker service, both public and private, shall clear the road surface of any broken glass and debris resulting from the accident. (Code 1977, § 14-9007; Ord. No. 2009-07(08-O2033), § 1, 2-11-09)
§ 162-230

City employees soliciting business.

Sec. 162-230. City employees soliciting business.

It shall be unlawful for any city employee to solicit business for any wrecker owner or operator. (Code 1977, § 14-9008)

§ 162-231

Solicitation of towing work.

Sec. 162-231. Solicitation of towing work.

It shall be unlawful to drive along any street or bridge and solicit towing work. Solicitation of towing work by the operator or the occupant of a wrecker while parked on any street or bridge is also prohibited. A wrecker operator shall not proceed to the scene of a disabled vehicle without having been requested or notified to do so, as provided in section 162-229. (Code 1977, § 14-9009)

§ 162-232

Notification upon removal of vehicle at request of other than police officer.

Sec. 162-232. Notification upon removal of vehicle at request of other than police officer.

The operator of any wrecker removing a private motor vehicle at the request of any person other than a police officer on duty for the department of police shall report by electronic notification to the department the fact that the vehicle was removed and its present storage place, together with a description of the vehicle, the vehicle identification number and the tag number. The report shall be made by the wrecker operator by electronic communication within one hour of the deposit of the vehicle at its storage point. (Code 1977, § 14-9010; Ord. No. 2009-07(08-O2033), § 1, 2-11-09)

§ 162-233

Impound lot; attendant.

Sec. 162-233. Impound lot; attendant.

(a)Every person operating a wrecker service within the city shall maintain an impound lot within the city limits, and all vehicles impounded within the city limits shall be delivered to this lot.
(b)Any person operating a wrecker upon the streets of the city and maintaining an impound lot within the city as set forth in subsection (a) of this section shall maintain an attendant at the impound lot 24 hours of every day, and this attendant shall be clothed with the authority to release any impounded vehicle upon the owner meeting the legal requirements for release.
(c)There shall be posted at the entrance to the impound lot nearest the impound lot office a sign, the minimum size of which shall be 24 inches by 24 inches, painted white with red lettering, stating the towing charge, the storage rate per day, that checks and credit cards shall be accepted in lieu of cash and for no additional fee, that no storage fee may be charged if the vehicle has been held less than 24 hours, that these conditions are required by state law and city ordinance, and that complaints may be made to the police permits section. The location of such sign must be approved by the police permits section as provided by state law.
(d)Lighting shall be provided at a minimum average maintained foot-candle value of two on a horizontal plane at the finished surface or grade level.
(e)Upon impoundment of any vehicle by a wrecker service, the wrecker service shall maintain records which shall include the following information:
(1)The date and time the call was received by the wrecker service;
(2)The name of the caller;
(3)The date and time of initial towing;
(4)The place of initial towing;
(5)The date and time of arrival at the impound lot;
(6)The date and time of release to the owner; and
(7)The name of the wrecker driver and helper.
(f)The records required by subsection (e) of this section shall be maintained at a location where affected members of the public may obtain such information by telephone or in person, during regular business hours. Further, all wrecker services, public and private, which impound vehicles shall register with the department of police the current telephone number of the person responsible for releasing the vehicles.
(g)It shall be unlawful for any wrecker service to operate within the city without employing the services of a check approval agency and the major credit card services; and it shall be unlawful to refuse to accept, in lieu of cash, any check which can be insured by a check approval agency, any draft drawn on a credit union which can be insured by a check approval agency or any major credit card for the payment of any and all fees and costs resulting from the towing and storage of the impounded vehicle. For purposes of this subsection, the term "major credit card" means a Visa, MasterCard, American Express, Discover and Diner's Club card. The municipal clerk shall transmit a copy of this subsection to each wrecker service provider.
(h)The records required by subsection (e) of this section shall be maintained at the impound lot required by subsection (a) of this section and shall be made available for inspection 24 hours a day at the request of the department of police. (Code 1977, § 14-9012; Ord. No. 2009-07(08-O2033), § 1, 2-11-09)
§ 162-234

Vehicle not towed upon operator returning.

Sec. 162-234. Vehicle not towed upon operator returning.

The operator of any wrecker service vehicle summoned to tow away any vehicle whether on a public street, public property or private property, shall not tow the vehicle away and shall not charge any fee if the operator of the vehicle returns prior to the wrecker vehicle having left the location to which summoned and moves the vehicle immediately and prior to the wrecker vehicle having left the location to which summoned.

Exception to this provision is the requirement of section 150-88(c)(6) of the Atlanta City Code of Ordinances, which specifically authorizes and requires the towing, after a twenty-four-hour grace period, of vehicles immobilized in the public rightof-way in accordance with section 150-88(h) where such vehicles are immobilized for having three or more unsatisfied delinquent parking tickets, fees and fines. These immobilized vehicles will be towed irrespective of the presence of the operator of the vehicle at the time of the vehicle's removal by the wrecker service. (Code 1977, § 14-9013; Ord. No. 1995-35, 6-25-95; Ord. No. 2010-07(10-O-0281), §§ 1—3, 3-9-10)

Secs. 162-235—162-250. Reserved.

ARTICLE V. VEHICLE IMMOBILIZATION SERVICES*

§ 162-251

Definitions.

Sec. 162-251. Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Impound shall mean any means to prohibit a motor vehicle's usual manner of movement or operation, either by the installation of vehicle immobilization device or by towing.

On-site vehicle immobilization services shall mean entities that do not operate parking facilities as their primary purpose, including, but not limited to, educational institutions, houses of worship, restaurants, shopping centers and freestanding establishments with adjacent parking for patrons, customers, or invitees that use vehicle immobilization devices as a method of parking control.

Operator shall mean any person, including a sole proprietor, independent contractor, partnership or similar business entity, operating vehicle immobilization devices for a vehicle immobilization service.

Self-release vehicle immobilization device shall mean any device that is designed or adopted to be attached to a parked motor vehicle so as to prohibit the motor vehicle's usual manner of movement or operation, and which may be released upon electronic payment of the fee without assistance of an operator.

Vehicle immobilization device, device or boot shall mean any mechanical device that is designed or adopted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle's usual manner of movement or operation. Unless otherwise speci-*Editor’s note—It should be noted by the user of this Code that Ord. No. 2001-48, § 18, approved Nov. 28, 2000, states 2on-site users of vehicle immobilization devices shall be required to comply with the provisions contained in sections 162-252, 162-253, 162-254, 162-255, 162-257, 162258, 162-259, 162-260, 162-261, 162-266, and 162-269.2 fied, the term vehicle immobilization device shall include a self-release vehicle immobilization device.

Vehicle immobilization service or service shall mean a person, including a sole proprietor, independent contractor, partnership or similar business entity, offering services anywhere in the territorial limits of the city whereby vehicles are immobilized by the installation of a vehicle immobilization device. (Ord. No. 2001-48, § 2, 11-28-00; Ord. No. 2018-60(18-O-1129), § 1, 12-12-18)

§ 162-252

Compliance required.

Sec. 162-252. Compliance required.

It shall be unlawful for any operator or vehicle immobilization service to operate within the city without complying with this article. (Ord. No. 2001-48, § 3, 11-28-00)

§ 162-253

License to operate a vehicle immobilization service.

Sec. 162-253. License to operate a vehicle immobilization service.

(a)It shall be unlawful for any vehicle immobilization service to operate within the territorial limits of the city without having obtained a license granted by the chief of police, or his or her designee, as provided in this article.
(b)Every vehicle immobilization service desiring to obtain a license required by this article shall file an application with the Licenses and Permits Unit of the City of Atlanta Police Department on forms to be prepared and approved by the unit. The application shall state the name and address of the applicant; 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 names 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. (Ord. No. 2001-48, § 4, 11-28-00; Ord. No. 2018-60(18-O-1129), § 2, 12-12-18)
§ 162-254

Permit to operate as an operator of a vehicle immobilization service.

Sec. 162-254. Permit to operate as an operator of a vehicle immobilization service.

(a)Every operator desiring to obtain a permit required by this article shall file an application with the licenses and permits unit of the city's police department on forms to be prepared and approved by the unit. The application shall state the name and address of the applicant; the applicant's address and telephone number; driver's license number or state issued identification number; and such other information as may be required by the police or license review board; and shall be sworn by the applicant.
(b)Once issued, operators shall carry their permit at all times when they are in the process of installing or removing a vehicle immobilization device. Additionally, all operators shall wear something clearly designating their association with a licensed vehicle immobilization service when they are in the process or installing or removing a vehicle immobilization device.
(c)It shall be unlawful for any person to be an operator without first having been fingerprinted by the Atlanta Police Department and having been issued a permit by the city's police department indicating that such person is eligible to be an operator of a vehicle immobilization service or device.
(d)The city police department shall conduct a complete search relative to any police record of the person fingerprinted. If there is a record of a violation of this article, no license will be issued, and the person shall be ineligible to be an operator of any vehicle immobilization service or device within the city; however any person denied a license under this section shall have the right of appeal to the license review board. (Ord. No. 2001-48, § 5, 11-28-00; Ord. No. 2018-60(18-O-1129), § 3, 12-12-18)
§ 162-255

General requirements for applicants of a license or permit.

Sec. 162-255. General requirements for applicants of a license or permit.

(a)All applicants, whether they are a vehicle immobilization service or an operator, shall furnish all data, information and records relevant to their application requested of them by the license review board or the city's police department, 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 person requested by the license review board, the Atlanta Police Department or the city attorneys' office, who is under the applicants' control who possess or may possess knowledge of facts relevant to the application. The failure to produce a person within 30 days after being requested to do so shall result in an automatic dismissal of the application. Persons under an applicant's control are the partners of the applicant if the applicant is a partnership, the officers of the applicant if the applicant is a corporation, and/or employees, officers or agents of the applicant.
(b)No license or permit under this article shall be issued to any person who has been convicted in this or any other country within three years immediately prior to the application for a license or permit of any misdemeanor crime involving solicitation for prostitution, distribution of possession of illegal narcotics, sex offenses or any other crime involving moral turpitude. No license or permit under this article shall be issued to any person who has been convicted in this or any other county within five years immediately prior to the application for a license or permit of any felony. Further, to be eligible for a permit under this article, the person applying must possess a current driver's license or state issued identification as provided by the laws of the state. Any person denied a license or a permit under this section or any person whose license or permit may be revoked under this section shall have the right to appeal this denial or revocation to the license review board as provided in section 162-259 of this article.
(c)Should any person with a license or a permit obtained pursuant to this article be charged with committing any crime as described in subsection (b) above, then such charge shall constitute the basis for adverse action, including suspension or revocation. (Ord. No. 2001-48, § 6, 11-28-00; Ord. No. 2018-60(18-O-1129), § 4, 12-12-18)
§ 162-256

Registration of vehicles used by a vehicle immobilization service.

Sec. 162-256. Registration of vehicles used by a vehicle immobilization service.

It shall be unlawful for any person, either as principal, agent or employee, to use or to operate within the city any vehicle assisting in the operation of a vehicle immobilization service without first having filed a registration for such vehicle with the city's police department upon forms to be furnished by the department. All registrations for each vehicle utilized shall expire on December 31st of each year and shall be renewed between December 1st and December 31st of each year. 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 to assist in the operation of a vehicle immobilization service;
(3)The driver's license number of operators of the vehicle;
(4)The name of the insurance company with which the owner of the vehicle 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 operator who shall drive or operate the vehicle on behalf of the vehicle immobilization service; and
(6)Such other information related to the vehicle as may be required by the Atlanta Police Department.
(Ord. No. 2001-48, § 7, 11-28-00)
§ 162-257

Application, license and permit fees.

Sec. 162-257. Application, license and permit fees.

(a)Upon the filing of a completed application, the non-refundable application fee for all applicants seeking a vehicle immobilization service license shall be $100.00. This application fee shall be submitted with the application and be made payable to the licenses and permits unit of the city's police department.
(b)Upon approval of an application for a vehicle immobilization service license, the annual license fee shall be $500.00.
(c)Upon the filing of a completed application, the non-refundable application fee for all applicants seeking an operator's permit shall be $25.00. This application fee shall be submitted with the application and be made payable to the licenses and permits unit of the city's police department.
(d)Upon approval of an application for an operator's permit, the annual permit fee shall be $50.00.
(e)The annual fees set forth in this section shall be prorated starting with the date the license or permit is issued to December 31st of the first year of operation as needed. (Ord. No. 2001-48, § 8, 11-28-00)
§ 162-258

General requirements for

Sec. 162-258. General requirements for vehicle immobilization services and operators.

(a)It shall be unlawful for either a vehicle immobilization service or an operator to procure a license or a permit by fraudulent conduct or a false statement of a material fact.
(b)It shall be unlawful for either a vehicle immobilization service or an operator to pay in the form of a gratuity any person who does not own or operate a commercial parking lot for information as to illegally parked vehicles.
(c)It shall be unlawful for either a vehicle immobilization service or an operator to make any payment to an owner, employee, agent or a person in possession of a commercial parking lot in excess of the reasonable and customary fee ordinarily charged by the owner or person in possession of the parking lot for parking thereon, such payment shall be considered a kickback.
(d)It shall be unlawful for either a vehicle immobilization service or an operator to charge fees in excess of those set out in section 162-260 of this article.
(e)It shall be unlawful for either a vehicle immobilization service or an operator to immobilize any vehicle located on any portion of a public street within the city, unless properly authorized in writing by the chief of police of the city or properly authorized to act as a parking management service on behalf of the city.
(f)A vehicle immobilization service must maintain, or provide access to, a 24-hour a day, 365 days per year phone number that is staffed by a live operator to communicate immediately with a driver of vehicle that has been immobilized by the vehicle immobilization service. This shall apply to vehicle immobilization services utilizing Self-release vehicle immobilization devices.
(g)It shall be unlawful for either a vehicle immobilization service or an operator to immobilize vehicles at any off-street pay parking facility, vacant lot, or other private property whereon persons must pay to park their vehicles without having a valid written contract specifically for such services entered into with the private property owner or lawful lessee thereof.
(h)Between the hours of 5:01 am and 9:59 pm, it shall be unlawful for a vehicle immobilization service or operator to fail to arrive on the site where the vehicle was immobilized within one hour of being contacted by the owner, driver or person in charge of the vehicle. It shall also be unlawful for either a vehicle immobilization service or an operator to fail to release vehicles from immobilization within one hour after receipt of payment from the owner, driver or person in charge of a vehicle that has been immobilized by a vehicle immobilization device.

Between the hours of 10:00 pm and 5:00 am, it shall be unlawful for a vehicle immobilization service or operator to fail to arrive on the site where the vehicle was immobilized and to fail to release vehicles from immobilization within fortyfive minutes of being contacted by the owner, where the service or operator is in receipt of payment from the owner, driver or person in charge of a vehicle within that initial forty-five minutes.

(i)It shall be unlawful for a vehicle immobilization service or operator to fail to provide a receipt of payment of the booting fee to the owner, driver or person in charge of a vehicle. The receipt shall have the following information:

The name, address, and phone number of the vehicle immobilization service or company and the name and signature or the person who applied/removed the boot or vehicle immobilization device. Such receipts may be provided electronically.

(j)In the event that the application of a vehicle immobilization device damages a vehicle, then the service must pay the cost of repairs for that damage.
(k)In the event that the owner or operator of a vehicle, to which an immobilization device has been applied, attempts to operate said vehicle or remove the device, then the vehicle immobilization service is not liable for any damage to that vehicle. Additionally, the owner, driver or person in charge of the vehicle will be liable to the vehicle immobilization service for the cost of damage to the vehicle immobilization device.
(l)A vehicle immobilization service must procure reasonable insurance, as determined by the license and permits unit of the city's police department, to cover damage caused to vehicles by the use of a vehicle immobilization device.
(m)A vehicle immobilization service shall keep copies of permits issued to its operators under this article in their place of business so that they may be inspected by any member of the Atlanta Police Department at any time.
(n)A vehicle immobilization service utilizing Self-release vehicle immobilization devices shall ensure that there is a drop off location either located in or directly adjacent to the lot wherein the Self-release vehicle immobilization device was utilized. Such drop-off locations be in the form of secured receptacles or at attended locations and must be accessible 24 hours per day.
(o)All Self-release vehicle immobilization devices must have information thereon providing notice of where the device may be returned, along with the contact information for the vehicle immobilization service. (Ord. No. 2001-48, § 9, 11-28-00; Ord. No. 2009-42(09-O-0765), § 3, 7-28-09; Ord. No. 201860(18-O-1129), § 5, 12-12-18)
§ 162-259

Enforcement.

Sec. 162-259. Enforcement.

(a)The chief of police of the city's police department or the chief's designee may recommend the revocation, suspension, the imposition of a fine, or non-renewal of a license of a vehicle immobilization service or a permit of an operator for due cause. As used in this section, the term "due cause" includes the violation of any section of this article by a vehicle immobilization service or an operator.
(b)No adverse action shall be taken regarding any license or permit pursuant to this article until and after notice has been provided and a hearing has been held before the license review board to determine just cause for such action. Notice of such hearing shall be given in writing and served at least five days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license or permit and shall designate the time and place where such hearing will be held.
(c)The notice shall be served upon the license or permit holder by delivering the notice personally or by leaving such notice at the place of business or residence of the license or permit holder in the custody of a person of suitable age and discretion. If the license or permit holder cannot be found and the service of notice cannot be otherwise made in the manner provided in this section, a copy of such notice shall be mailed registered postage, fully prepaid, addressed to the license or permit holder at the license or permit holder's place of business or residence at least eight days prior to the date of such hearing.
(d)The license review board shall conduct the hearings and report its conclusions and recommendations to the mayor. The mayor, upon receiving the report, may, within 60 days, deny applications for new licenses and may revoke, suspend or refuse to renew any license. In lieu of suspension, revocation or the failure to renew, the mayor may impose a fine upon any vehicle immobilization service or operator, such fine not to exceed $1,000.00 for each violation of this article. The decision of the mayor may be appealed to the Fulton County Superior Court by filing a writ of certiorari.
(e)Any vehicle immobilization service whose license has been revoked or an operator whose permit has been revoked pursuant to this Code section shall be disqualified from reapplying for such a license or permit for 12 months immediately following the revocation. The violation of any provision of this article by any person with any ownership interest in a vehicle immobilization service may result in the revocation of the vehicle immobilization service's license.
(f)The actions of an operator working within the scope of his employment for a vehicle immobilization service can be attributed to the vehicle immobilization service for purposes of determining due cause under this section.
(g)The maximum fine for any violation of this article shall be $1,000.00. The maximum suspension for any one violation of this article shall be 30 days. (Ord. No. 2001-48, § 10, 11-28-00)
§ 162-260

Fees charged by vehicle immobilization service.

Sec. 162-260. Fees charged by vehicle immobilization service.

(a)A vehicle immobilization service, engaged in the business of the immobilization of vehicles shall not charge the owner of any immobilized vehicle or personal property, in excess of $75.00 per day for the removal of the vehicle immobilization device or devices. The $75.00 fee shall be all-inclusive; no additional fees may be charged for using other equipment. Any vehicle immobilization services shall be authorized to charge a $50.00 per day late fee for the failure to properly return a Self-release vehicle immobilization device to a designated drop-off location. Late fees shall not exceed $600.00 per device.
(b)Fees may be paid by cash, check, credit card, or debit card at no additional charge. (Ord. No. 2001-48, § 11, 11-28-00; Ord. No. 2009-63(09-O-1069), § 1, 10-27-09; Ord. No. 201860(18-O-1129), § 6, 12-12-18)
§ 162-261

Signs.

Sec. 162-261. Signs.

It shall be unlawful for any person hired by an owner of any private property, or his agent or employee, located within the territorial limits of the city to install or attach to any vehicle a vehicle immobilization device(s), boot(s), or other instrument(s) that is/are designed to, or have the effect of, restricting the normal movement of such vehicle or by any other means whatsoever to restrict the normal movement of such vehicle, unless the owner of the property, or his agent or employee, has complied with all applicable city zoning ordinances regarding the posting of signs and the following requirements:

(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 in accordance with specifications promulgated by the chief of police.
(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 site grade.
(4)Such signs shall state "If you park here in violation of parking lot rules, your vehicle may be impounded (towed or booted) at your risk and expense" Such signs shall also include the following information:

Cost of boot removal ($75.00 per day).

Fees payable by cash, check, and credit or debit card.

If your vehicle has been Booted Call 000-000-0000.

If your Vehicle has been Towed Call 000-000-0000.

Vehicle may not be impounded if you return before boot or tow is attached.

Booted vehicles may be towed 24 hours after being booted.

Contact the Atlanta Police Department by calling 911.

This lot is operated by [include name of operator] which can be reached at 000000-0000 for resolution of any disputes.

Where this Code section leaves placeholder phone numbers, the signs shall include the appropriate phone numbers. Where this Code section requires the posting of the tow and daily storage fees, the signs shall include the fees in accordance with state law and state regulations. (Ord. No. 2001-48, § 12, 11-28-00; Ord. No. 2006-03, § 1, 2-14-06; Ord. No. 2017-90(17-O1817), § 1, 12-13-17; Ord. No. 2018-60(18-O1129), § 7, 12-12-18; Ord. No. 2020-27(20-O1289), § 1, 5-13-20; Ord. No. 2021-03(20-O1766), § 1, 1-13-21)

§ 162-262

Lettering on vehicles.

Sec. 162-262. Lettering on vehicles.

It shall be unlawful for any person, either as principal, agent or employee, to operate within the territorial limits of the city any vehicle to assist in the operation of a vehicle immobilization service unless the vehicle shall have displayed on each side in plain view the name of the vehicle immobilization service, the address from which the vehicle immobilization service is operating and the telephone number of the vehicle immobilization service. The lettering shall be in a contrasting color to the color of the vehicle and shall be at least two and one-half inches in height. (Ord. No. 2001-48, § 13, 11-28-00)

§ 162-263

Service calls.

Sec. 162-263. Service calls.

It shall be unlawful for any vehicle immobilization service, or the vehicle immobilization service's agent, representative, employee or operator to go to any place and immobilize a vehicle unless called by the owner, owner's agent, representative or employee of a commercial parking lot, or where a vehicle immobilization service has a contract to immobilize illegally parked cars at a specific commercial parking lot. (Ord. No. 2001-48, § 14, 11-28-00)

§ 162-264

City employees soliciting business.

Sec. 162-264. City employees soliciting business.

It shall be unlawful for any city employee to solicit business for any vehicle immobilization service owner or operator. (Ord. No. 2001-48, § 15, 11-28-00)

§ 162-265

Solicitation of vehicle immobilization work.

Sec. 162-265. Solicitation of vehicle immobilization work.

It shall be unlawful to drive along any street within the city and solicit vehicle immobilization work. Solicitation work by the operator or the occupant of a vehicle used to carry on the business of a vehicle immobilization service is prohibited. An operator shall not proceed to a specific commercial lot without complying with section 162-260 of this article. (Ord. No. 2001-48, § 16, 11-28-00)

§ 162-266

Vehicle not immobilized upon operator of vehicle returning.

Sec. 162-266. Vehicle not immobilized upon operator of vehicle returning.

The operator of any vehicle immobilization service shall not immobilize a vehicle and shall not charge a fee if the driver of the vehicle returns before the installation of the vehicle immobilization device is complete. (Ord. No. 2001-48, § 17, 11-28-00)

§ 162-267

License not in lieu of business license.

Sec. 162-267. License not in lieu of business license.

The license issued under this article shall be cumulative and not in lieu of any business license issued by the city. (Ord. No. 2001-48, § 19, 11-28-00)

§ 162-268

Reserved.

Sec. 162-268. Reserved.

Editor’s note—Ord. No. 2018-60, § 8, adopted Dec. 12, 2018, repealed § 162-268, which pertained to effective date of enforcement of article and derived from Ord. No. 2001-48, § 20, 11-28-00.

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