Ga. Comp. R. & Regs. 570-38-7-.14

Current through Rules and Regulations filed through December 24, 2024
Rule 570-38-7-.14 - Signs Specifications
(1) Owners of private property shall place signs that conform to the requirements of this Rule within 50 feet of each designated entrance to a parking lot or parking area where parking prohibitions apply and where they have authorized non-consensual towing, except that if it is not feasible to place such signs within 50 feet of such entrances due to terrain, landscaping, or other factors, such signs shall be placed as close as feasible to such entrances and shall otherwise comply with the requirements of this Rule. Where there is no designated entrance, such signs shall be posted so as to be clearly visible from each and every parking space. Such signs shall be a minimum of 12 inches by 18 inches with a minimum of 3/4 inch lettering. The words "Private Parking" shall be printed in Bold with a minimum of 11/2 inch lettering. Signs need not be visible from areas of private property that are not designed for parking of vehicles so long as the owner of such property has posted signs that are otherwise in compliance with this rule.
(2) 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 site grade. Posted signs must be free of any natural or man-made interference and be clearly visible.
(3) Such signs shall also include the following:
(a) A warning that unauthorized vehicles will be towed;
(b) Towing and storage company name, address, and telephone number and impound lot location where towed vehicles may be retrieved;
(c) Towing fees and daily storage fees;
(d) Hours of Operation; and
(e) Method of payment shall be as specified in Rule 570-38-7-.03(2).
(4) Except to the extent otherwise authorized by law or the Department, signs required this Rule shall be separate and distinct from all other posted signage and shall not contain content unrelated to non-consensual towing.
(5) The Department shall interpret any sign listing "minimum" fees or charges to describe the actual rate applicable to the smallest class of vehicle towed or stored. As such, a towing and storage firm shall not be entitled to charge in excess of its "minimum" fees as listed on a sign required by this Rule by virtue of the fact that rates applicable to towing and storage have increased from the rate listed upon such sign(s). Only the applicability of a higher rate due to the nature of the vehicle being towed or the service performed shall justify charges in excess of the listed "minimum."
(6) No vehicle shall be relocated from private property which does not, at the time of the tow and for at least 24 hours prior thereto, have signs posted which are in substantial compliance with the provisions of paragraphs (1) through (5) above. The provisions of this paragraph shall not apply to owner(s) of private residential property containing four or less residential units.
(7) All signs posted in accordance with this Rule must be removed from private property within 15 days after:
(a) The termination of a contract for non-consensual towing on the property in question;
(b) Withdrawal of authorization from the property owner or agent to perform non-consensual towing; or
(c) The suspension, revocation, or expiration of the towing and storage firm's non-consensual towing permit.
(8) A property owner or agent that utilizes multiple towing and storage firms to perform non-consensual towing shall place signs conforming with this Rule that provide the information required by paragraph (3) of this Rule pertaining to all towing and storage firms utilized by the owner or agent. Such signs should be placed or arranged in a manner that provides clear notice to vehicle owners and operators that multiple towing and storage firms are authorized to perform non-consensual towing on the property and may be in possession of towed vehicles.

Ga. Comp. R. & Regs. R. 570-38-7-.14

O.C.G.A. §§ 40-1-54, 44-1-13.

Original Rule entitled "Signs Specifications" adopted. F. Apr. 21, 2020; eff. May 11, 2020.