Section 11-13 Parking or repeatedly driving motor vehicle through parking area located on privately owned property after having been requested not to do so

Prior to the adoption of section title & OCGA reference on 09/29/2003, Section 11-13 read as follows.

    (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested no to do so by a law enforcement officer or by the owner or authorized agent  of the owner, parks or stands an occupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or shopping center or other similar facility for customers if:

    (1)    The parking area is identified  by at least one (1) sign as specified in this subsection and if  the parking area contains more than one hundred fifty (150) parking spaces then by at least one (1)  such sign for every one hundred fifty (150) parking spaces, each such sign containing the following information in easy to read printing:

        a.    Notice of the elements of the crime of criminal trespass by motor vehicles;

        b.    Identification of the property which is reserved for customers’ use only;

        c.    Identification of the merchant, group of merchants, or shopping center or other similar  facility providing the parking area; and

        d.    Warning  that violators will be prosecuted; and

    (2)    The motor vehicle is parked, is standing, or is being operated other than for the purpose of:

        a.    Transporting some person to or from the interior of the place of business of a merchant identified by sign in the parking area or to or from the interior of the shopping center or other  facility so identified;

        b.    Making use of a telephone, vending machine, automatic teller machine, or other similar  facility located in the parking area;

        c.    Meeting  the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or

        d.    Carrying out an activity for which express permission has been given by the owner of the  parking area or an authorized representative of the owner.

    (b)    A person commits a parking violation  by parking in any city cemetery after established hours or by parking in any city park, public recreation area, playground or ballfield, after nightfall  and before dawn. Excepted from this provision is any parking done in association with any organized event or any recognized group activity permitted by the city. Such recognized group  activities and organized events include, but are not limited to:

    (1)    Scheduled athletic events;

    (2)    Scheduled social events, including, but not limited to, family reunions and parties, outdoor  concerts and crafts and art exhibitions;

    (3)    Political rallies;

    (4)    Religious observances.

    (c)    A person who is convicted of or pleads guilty or nolo contendere to a violation of this section shall be punished by a fine:

    (1)    Not to exceed fifty dollars ($50.00)  for the first such violation;

    (2)    Not to exceed one hundred dollars ($100.00) for the second such violation; and

    (3)    Not to exceed one hundred fifty dollars ($150.00) for the third or subsequent such  violation.

(Ord. of 1-28-88,  I; Ord. of 5-8-95,   I)

    State law reference--Criminal trespass by motor vehicle, O.C.G.A.   16-7-29.