Chapter 82
TRAFFIC AND VEHICLES*

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Cross references: Courts, ch. 38; offenses and miscellaneous provisions, ch. 54; streets, sidewalks and other public places, ch. 74; distributing articles from participating vehicles in parades, § 74-107; vehicles for hire, ch. 90; obstruction to vision at street intersection, app. A, art. III, § 7.

State law references: Preventing or disrupting lawful procession, O.C.G.A. § 16-11-34; deposit of driver's license for violations of laws pertaining to traffic and motor vehicles, O.C.G.A. § 17-6-11; prosecution of traffic offenses, O.C.G.A. § 40-13-1 et seq.; jurisdiction of municipal courts over misdemeanor traffic offenses, O.C.G.A. § 40-13-21(a); traffic offenses triable on complaint without indictment except in superior courts, O.C.G.A. § 40-13-3; Uniform Rules of the Road, O.C.G.A. § 40-6-1 et seq.; alteration of speed limits by local authorities, O.C.G.A. § 40-6-183; stopping, standing and parking, O.C.G.A. § 40-6-200 et seq.; Handicapped Parking Law, O.C.G.A. § 40-6-220 et seq.; bicycles and play vehicles, O.C.G.A. § 40-6-290 et seq.; authority to regulate or prohibit stopping, standing or parking, O.C.G.A. § 40-6-371(a)(1); authority to regulate or prohibit processions or assemblages on the highways, O.C.G.A. § 40-6-371(a)(3); power of local authorities generally, O.C.G.A. § 40-6-371; adoption of uniform rules of the road by local authorities, O.C.G.A. § 40-6-372; funeral processions, O.C.G.A. § 40-6-76; operation of motorcycles and motor vehicles in parades, O.C.G.A. § 40-6-7; sirens, whistles and bells prohibited on vehicles, O.C.G.A. § 40-8-70(b); responsibility of railroad employees for obstructing crossings, O.C.G.A. § 46-8-197; authority to provide devices to control the flow of traffic, Ga. Const. art. IX, § II, ¶ III(a)(4).

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Article I. In General

Sec. 82-1. Uniform Rules of the Road adopted.

Sec. 82-2. Weight limit on city streets.

Sec. 82-3. Weight limit on vehicles using Parsons Street and Moore Avenue.

Secs. 82-4? 82-35. Reserved.

Article II. Stopping, Standing and Parking

Sec. 82-36. Old U.S. Highway 80 parking restrictions.

Sec. 82-37. Fire lanes.

Sec. 82-38. Continental Boulevard restrictions.

Sec. 82-39. Residential neighborhood and subdivision restrictions.

Sec. 82-40. Findings; definition.

Sec. 82-41. Emission control requirements.

Sec. 82-42. Operation regulations.

Secs. 82-43? 82-70. Reserved.

Article III. Derelict Motor Vehicles

Sec. 82-71. Disposal.

Sec. 82-72. Definitions.

Sec. 82-73. Duties of city employees.

Sec. 82-74. Procedures.

Sec. 82-75. Contractors.

Sec. 82-76. Interference with city employees.

Sec. 82-77. Obstructing public property; removal.

Secs. 82-78? 82-110. Reserved.

Article IV. Speed Zones

Sec. 82-111. Established.

ARTICLE I.
IN GENERAL

Sec. 82-1. Uniform Rules of the Road adopted.

(a) Pursuant to O.C.G.A. §§ 40-6-372? 40-6-376 and O.C.G.A. §§ 40-6-2? 40-6-395, known as the Uniform Rules of the Road, and the definitions contained in O.C.G.A. § 40-1-1 are adopted as and for the traffic regulations of the city as if recited in this section.

(b) Unless another penalty is expressly provided by state law, every person convicted of a violation of any provision of this section shall be punished in accordance with section 1-12.

(Code 1976, §§ 17-1, 17-2)

State law references: Uniform Rules of the Road, O.C.G.A. § 40-6-1 et seq.; adoption of uniform rules of the road by local authorities, O.C.G.A. § 40-6-372.

Sec. 82-2. Weight limit on city streets.

It shall be unlawful for any person to drive or cause to be driven upon any street of the city, not a state highway, any vehicle which, at the time, has a combined vehicle load weight of more than ten tons.

(Code 1976, § 17-8)

Cross references: Streets, sidewalks and other public places, ch. 74.

Sec. 82-3. Weight limit on vehicles using Parsons Street and Moore Avenue.

(a) It shall be unlawful for any person to drive or cause to be driven a truck in excess of three-quarter ton on Parsons Street, commencing at Grey Street and running north to Rothwell Street. It shall be unlawful for any vehicle as set forth in this section to be operated on Moore Avenue, commencing at U.S. Highway 80 and running north to Salters Street.

(b) There shall be erected at various intervals along Parsons Street and Moore Avenue signs clearly indicating the limit on the weight of vehicles.

(c) Any person who drives or causes to be driven a vehicle in violation of subsection (a) of this section shall, upon conviction, be punished as provided in section 1-12.

(Code 1976, § 17-12)

Secs. 82-4? 82-35. Reserved.

ARTICLE II.
STOPPING, STANDING AND PARKING*

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Cross references: Off-street parking and unloading, app. A, art. III, § 5.

State law references: Stopping, standing and parking, O.C.G.A. § 40-6-200 et seq.

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Sec. 82-36. Old U.S. Highway 80 parking restrictions.

(a) It shall be unlawful for any vehicle to be parked, placed or to remain in a stationary position on that part of U.S. Highway 80, or on the right-of-way thereof, which lies within the city limits.

(b) Any vehicle which is parked or remaining in a stationary position on U.S. Highway 80, or its right-of-way, within the city limits, shall be impounded as authorized by law and removed from such highway, or connecting right-of-way, to a designated garage for storage. The towing service and storage charge shall be paid by the owner, chauffeur or driver of such towed vehicle, in addition to the penalty for violation of this section and rules of the city.

(Code 1976, § 17-11)

Sec. 82-37. Fire lanes.

(a) It shall be unlawful to stop or to park any vehicle, attended or unattended, in any area marked "Fire Lane." The fire lane shall be properly marked with lines and posted, "No Parking? Fire Lane." The designation of areas to be used as fire lanes shall be at the discretion of the fire chief and shall apply to both public and private property.

(b) Any violation of this section may result in the vehicle being towed, and the owner or operator of the vehicle shall, upon conviction be punished as provided in section 1-12.

(Ord. of 6-7-1999, § 17-15)

Cross references: Fire prevention and protection, ch. 46.

Sec. 82-38. Continental Boulevard restrictions.

(a) It shall be unlawful for any vehicle to be parked, placed or remain in a stationary position for a period in excess of two hours on all of Continental Boulevard, or the right-of-way thereof, which lies within the city limits.

(b) Any person who parks, places or permits a vehicle to remain in a stationary position on Continental Boulevard, or the right-of-way thereof, within the city limits, in excess of two hours, shall, upon conviction be punished as provided in section 1-12.

(Ord. of 2-17-1997, § I)

Sec. 82-39. Residential neighborhood and subdivision restrictions.

(a) It shall be unlawful to park any bus, motor home, bimodal semitrailer, semitrailer, trailer, truck tractor or combination of such vehicles on any street or right-of-way in residentially zoned neighborhoods or subdivisions, except for the purpose of delivering or receiving goods to an adjacent residence and provided such vehicle is not parked longer than one hour in duration.

(b) "Bimodal semitrailer," "semitrailer," "trailer," "truck tractor" or "combination of vehicles" for the purpose of this section shall have the same meanings as set forth in O.C.G.A. § 32-6-24.

(Ord. of 3-21-1994(1), § I)

Sec. 82-40. Findings; definition.

The city council finds that all public streets and paved recreational paths located within its territorial boundaries and under its jurisdiction are designed and constructed so as to safely permit their use by regular vehicular traffic and also the driving of motorized carts, except as stated elsewhere in this article. "Motorized carts" are defined as those electric and gasoline powered pleasure carts, commonly called golf carts, and also includes four wheel all terrain vehicles, mopeds, go-carts, and other small electric or gas operated scooters (hereinafter referred to collectively as "carts"). These are the only carts authorized for use under this article.

(Ord. of 9-16-2002(3), §§ I, II)

Sec. 82-41. Emission control requirements.

(a) Gasoline carts.

(1) Every cart shall at all times be equipped with an exhaust system in good working order and in constant operation, meeting the following specifications:

a. The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or include any and all parts specified by the manufacturer.

b. The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken brackets or hangers.

c. The engine and the powered mechanism of every cart shall be so equipped, adjusted and tuned as to prevent the escape of excessive smoke or fumes.

(2) It shall be unlawful for the owner of any cart to operate or permit the operation of such cart on which any device controlling or abating atmospheric emissions, which is placed on a cart by the manufacturer, to render the device unserviceable by removal, alteration or which interferes with its operation.

(b) Rental carts. Cart dealers and distributors, as well as other commercial establishments, may rent carts to the public for use on the recreation paths and streets and those areas accessible by the public of the city. Renters shall be required to furnish positive identification, shall be provided a copy of this article to read, and must be at least 16 years of age.

(c) Penalty. Any person committing a violation of this section shall, upon conviction, be punished as provided in section 1-12.

(Ord. of 9-16-2002(3), §§ I, II)

Sec. 82-42. Operation regulations.

(a) Those persons who are 16 years of age and older may drive a motorized cart on the recreation paths and/or streets and those areas accessible by the public of the city.

(b) Those persons who are 15 years of age but not yet 16 years of age may drive a motorized cart on the recreation paths and/or streets and those areas accessible by the public of the city if they are accompanied on the vehicle (in the front seat in the case of a golf cart) by a person at least 18 years of age who holds a valid motor vehicle drivers license.

(c) Those persons who are 12 years of age but not yet 15 years of age shall be permitted to drive a motorized cart on the recreation paths and/or streets and those areas accessible by the public of the city if they are accompanied on the vehicle (in the front seat in the case of a golf cart) by a parent or legal guardian who holds a valid motor vehicle drivers license.

(d) All operators shall abide by all traffic regulations applicable to vehicular traffic when using the recreation paths, streets and those areas accessible by the general public. Where cart paths exist, they must be used in preference to parallel city streets with the exclusion of those cart paths privately owned and maintained by private clubs as part of the golf courses and not used by the general public.

(e) Motorized carts shall not be operated on the sidewalks at any time.

(f) Motorized carts may be operated over those authorized streets, recreational paths and those areas accessible by the public only during daylight hours unless such motorized carts are equipped with functional headlights and taillights.

(g) It shall be unlawful for the owner of any motorized cart or any other person operating, employing, permitting the use of or otherwise directing the use of such cart to operate or permit the operator of any such cart to drive over the recreation paths, streets or those areas accessible to the public in the city in violation of this article.

(h) Any person committing a violation of this section shall, upon conviction, be punished as provided in section 1-12.

(Ord. of 9-16-2002(3), §§ I, II)

Secs. 82-43? 82-70. Reserved.

ARTICLE III.
DERELICT MOTOR VEHICLES*

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State law references: Authority to provide by ordinance for removal and disposal of junked vehicles, O.C.G.A. § 36-60-4; abandoned motor vehicles, O.C.G.A. § 40-11-1 et seq.; when police officers may remove vehicles, O.C.G.A. § 40-6-206; removal of improperly parked cars or trespassing personal property, O.C.G.A. § 44-1-13.

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Sec. 82-71. Disposal.

It is declared that derelict motor vehicles, when left unattended on a public street, road or highway, or other public or private real property within the corporate limits of the city, for a period of not less than ten days on public property or 30 days on private property, constitute a health hazard or unsightly nuisance in that they provide a place for insects, rodents and other animals to exist, attract children, vagrants and other individuals and may cause injury to them and obstruct the streets and ways on and in which they may be found. It is the purpose and intent of this article to provide for the removal and disposal of such derelict motor vehicles and the procedures pertaining thereto.

(Ord. of 3-16-1992, § I)

Sec. 82-72. 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:

Derelict motor vehicle means a motor vehicle which is not an abandoned vehicle and/or any part thereof as defined in O.C.G.A. § 40-11-1(1)(A) which is incapable of being moved under its own power and has had one or more of the major parts for its safe operation removed or destroyed, and has no value other than nominal salvage value, provided, that this definition shall not apply to any motor vehicle or part thereof which shall be located within the premises of any junkyard complying with the laws of the state relating to the licensing and regulating of motor vehicle junkyards. Whenever the word "vehicle" is used in this article, it shall refer to a derelict motor vehicle as defined in this section.

Owner means any person, firm, corporation or other entity which is named as owning a derelict motor vehicle and/or having any security interest therein, or lienholder, or other interest as reflected according to any certificate of title for such vehicle issued by any department or agency of a state having authority to issue such certificate, provided, that if no such certificate has been issued by a state or if none is available, nor can be obtained, the information indicating ownership as provided on the vehicle license registration shall be sufficient, and provided, that if with reasonable diligence the information contained on the title certificate and the vehicle license registration cannot be obtained, the owner of a vehicle shall be considered unknown.

Public property means any real property owned, operated, in the possession of or controlled by any federal, state, county, municipal governmental entity or authority created by any such entity, and any street, alley, sidewalk or other right-of-way used, owned or dedicated to public use, or any shopping center parking lot open to and used by the general public.

Real property means any real property located within the corporate limits of the city, or any real property over which the city possesses ownership, custody or control beyond its corporate jurisdiction upon which a derelict motor vehicle may be located when it is not within a permanent structure, and from which the vehicle may be removed without causing damage to any permanent structure.

(Ord. of 3-16-1992, § II)

Cross references: Definitions generally, § 1-2.

Sec. 82-73. Duties of city employees.

(a) The city manager is authorized to designate such city employees as are necessary to identify derelict motor vehicles and cause the removal and disposal of such vehicles; to supervise any contract with a third party to provide for the removal and disposal of such vehicles; and to otherwise cause the implementation of and compliance with the provisions of this article.

(b) Whenever any derelict motor vehicle is required to be removed from any private real property, with regard to those activities requiring entry onto such property, the designated city employee shall be a peace officer as defined by state law or this Code.

(Ord. of 3-16-1992, § III)

Sec. 82-74. Procedures.

(a) When any city employee designated by the city manager in accordance with this article shall ascertain that a motor vehicle and/or a part thereof is a derelict motor vehicle, or may become a derelict motor vehicle by remaining unattended for a period of ten days on public property and 30 days on private real property, provided that on the private real property, the vehicle is not enclosed in any fence, wall or other structure, and which totally obstructs it from public view, he shall prepare a notice to require such vehicle's removal and shall proceed to designate such vehicle as a derelict motor vehicle by affixing a copy of such notice to the vehicle, or part thereof, in a conspicuous place. The notice shall include the following information to the extent that it is available at the time of preparing such notice:

(1) The vehicle serial number or manufacturer's identification number;

(2) The vehicle license number;

(3) The vehicle make, year and model;

(4) The location of the vehicle;

(5) The date of execution and placing of such notice on the vehicle; and

(6) Such other information as may be required by the city manager.

The notice shall also contain the following statement:

"This vehicle has been left unattended on a public street, road or highway, or other public or private property in the City of Pooler. Unless removed by the owner within ten days on public property and 30 days on private property of the date of this notice, this vehicle will be removed at the direction of the city pursuant to the Derelict Motor Vehicle Ordinance of the City of Pooler and thereafter may be reclaimed only pursuant to such ordinance."

The notice set forth in this subsection shall be supplemented by an additional notice imprinted on a water-resistant material, printed with indelible ink, of a size not less than three inches by five inches, to adhere in wind and rain, to be affixed to a window of the vehicle separate from the notice required in this subsection, which shall contain the following language:

"This vehicle is subject to removal pursuant to the Derelict Motor Vehicle Ordinance of the City of Pooler within ten days on public property and 30 days on private property. If the official notice to remove is not elsewhere on this vehicle, please notify the city manager."

The time for removal of such vehicle commences when the notice is affixed to the derelict motor vehicle. The applicable time period is determined by the status of the property on which the vehicle is located when the notice is affixed. A presumption exists that the vehicle remained on the property where the notice was affixed during the notice period if it is present there on the date the notice period expires. If the vehicle is moved to property contiguous to where it was initially noticed and the property is of a different status to which another time period applies, the interval between the date of the initial notice shall be counted toward the time period applicable to the alternate property status on which the vehicle is located.

(b) If at the expiration of the applicable period as provided in subsection (a) of this section after the posting of the notice, the derelict motor vehicle has not been removed from the public street, road or highway, or other public or private real property upon which it has remained for such period of time, any city employee designated by the city manager shall cause such vehicle to be removed for disposal. Upon the removal of any derelict motor vehicle, it shall be placed in an impounding area for a period of not less than 30 days, which shall be referred to as the "holding period" for the derelict motor vehicle. While being retained within the impounding area for the holding period, no person shall willfully remove any part from such vehicle, nor cause any damage thereto.

(c) At any time prior to the expiration of the holding period as set forth in subsection (b) of this section, the owner of the derelict motor vehicle, upon showing satisfactory evidence of ownership, may claim and take possession of the vehicle by making payment of such towing and storage charges as may have been incurred at the time in such amounts and in accordance with any requirements of the city manager and/or any contract executed by the city pursuant to this section.

(d) Subsequent to the removal of any derelict motor vehicle and the placing of such vehicle in an impounding area, the owner of the vehicle shall be notified of its removal, impounding and right of reclamation as provided in subsection (c) of this section, provided that the name and address of the owner of the vehicle may be determined with reasonable diligence. Notice to the party entitled to receive notices may be given by placing a copy of such notice in the United States mail addressed to the party entitled to receive such notice, with adequate postage thereon, and shall be sent by certified mail to the addressee only, with a return receipt, within five calendar days after ascertaining the owner of such vehicle. If the notice is unclaimed or returned, no further mail notice shall be required. Any certified mail which is refused shall be deemed to have been delivered. If the notice is unclaimed or returned, the following provisions pertaining to a published notice shall be performed, but the name of the owner shall be specified in the notice rather than reference to an unknown owner, and the owner shall be stated to have an unknown address. Whenever the name of more than one owner is determined, each owner shall be entitled to notice pursuant to this subsection. Whenever it is impossible to determine the name or address of any party entitled to receive notice, notice shall be given to the party as an unknown owner or as an owner at an unknown address by publishing such notice in a newspaper of general circulation within the city once a week for two consecutive weeks during the holding period. The notice shall contain information, to the extent it is available at the time of effecting such notice, specifying the:

(1) Vehicle serial number or manufacturer's identification number;

(2) Vehicle license number;

(3) Vehicle make, year and model;

(4) Location of the vehicle at the time of its removal;

(5) Location of the impounding area where the vehicle is being stored;

(6) Name and address of the party who is believed to be the present or last owner from such information as has been ascertained, or if none, then the owner will be stated to be unknown;

(7) Name and address of the party having custody over the impounding area;

(8) Date or expiration of the holding period for the vehicle; and

(9) Right of the owner to reclaim such vehicle.

(e) Subsequent to the expiration of the holding period, the derelict motor vehicle may be sold, destroyed, dismantled or otherwise disposed of at public or private sale by the city employee designated by the city manager to so act, or a third party with whom the city has contracted to so act, provided that the vehicle has not been claimed by its owner.

(f) The city manager shall cause records to be made and maintained which reasonably specify the identity of each derelict motor vehicle; its owner; its location prior to removal; its date of removal; the party removing and impounding such vehicle; the date and manner of the vehicle's disposal; procedures to notify the owner and a copy of any notices given pursuant to this section; and such additional items as may by be required by the city manager. Such records shall be preserved for not less than two years from the date of impounding of any derelict motor vehicle and shall be made available for examination by any owner of such vehicle which has been removed pursuant to this section.

(g) Any funds received by the city from the disposal of any derelict motor vehicle shall be paid to the general fund of the city.

(h) If a derelict motor vehicle is removed from public property at the request of a law enforcement officer, or if the vehicle is stored if the owner of the vehicle is unknown, the party having possession or control of the vehicle shall seek the identity of and address of the last known registered owner of such vehicle within 72 hours of removal thereof.

(i) If the derelict motor vehicle is removed from private property at the request of the property owner, or such vehicle is stored if the owner of the vehicle is unknown, the city police department shall be notified, in writing, of the location of the vehicle, the manufacturer's vehicle identification number (VIN), license number, model, year and make of the vehicle, within 72 hours of the removal of the vehicle, and shall seek from the city police department the identity and address of the last known registered owner of the vehicle, and any information indicating that the vehicle is a stolen vehicle.

(j) If any derelict motor vehicle removed under subsections (h) and (i) of this section is determined to be a stolen vehicle, the city police department shall notify the state crime information center and the owner of such vehicle, if known, of the location of the vehicle, within 72 hours after receiving notice that the vehicle is a stolen vehicle.

(k) If a derelict motor vehicle is not a stolen vehicle, being repaired by a repair facility or being stored by an insurance company for purposes of repair under a policy, the party having possession and control of the vehicle shall, within seven calendar days of the day the vehicle was removed, notify the owner, if known, of the location of the vehicle and the fees applicable to the removal and storage of the vehicle pursuant to subsection (d) of this section.

(Ord. of 3-16-1992, § IV)

Sec. 82-75. Contractors.

(a) Any party with whom the city may contract to perform services pursuant to this article shall not be deemed to be an agent or employee of the city. Any act as authorized by this article shall be considered to be an act in the name of such party as an independent contractor.

(b) Any party with whom the city has contracted to perform services pursuant to this article shall comply with all the terms and conditions of this article as may be required to be performed while in the custody and possession of a derelict motor vehicle by such party. Upon the failure of such party to comply with the terms and conditions of this article, such party shall not be entitled to any storage fees. Any party with whom the city shall contract to perform services pursuant to this article shall be licensed by the city to do such business.

(Ord. of 3-16-1992, § V)

Sec. 82-76. Interference with city employees.

It shall be considered an offense for any person to obstruct any city employee or other party in the removal of any derelict motor vehicle as authorized in this article.

(Ord. of 3-16-1992, § VI)

Sec. 82-77. Obstructing public property; removal.

Whenever a derelict motor vehicle is present on public property in such a place as to cause any obstruction to pedestrian or motor vehicle traffic, it shall not be necessary to comply with the provisions pertaining to the holding period set forth in section 82-74(b). In such an event, a peace officer or law enforcement officer shall be the person authorized to cause the removal of such vehicle to an impounding area as provided in this article.

(Ord. of 3-16-1992, § VII)

Cross references: Streets, sidewalks and other public places, ch. 74.

Secs. 82-78? 82-110. Reserved.

ARTICLE IV.
SPEED ZONES*

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State law references: Alteration of speed limits by local authorities, O.C.G.A. § 40-6-183.

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Sec. 82-111. Established.

(a) The following speed zones are established based on an engineering and traffic investigation as prescribed by law.

Signs shall be erected by the department of transportation for all state routes.

Signs shall be erected by the city.

(b) Any person convicted of a violation of this article shall be punished as provided by section 1-12.

(Ord. of 7-21-1997; Ord. of 8-7-2000(3))