City of Atlanta
Georgia

Resolution
20-R-4566
Adopted as Amended
Nov 16, 2020 1:00 PM

****A RESOLUTION BY COUNCILMEMBER JOYCE M. SHEPERD AS AMENDED BY FINANCE/EXECUTIVE COMMITTEE URGING THE GEORGIA STATE ASSEMBLY TO AMEND THE O.C.G.A. 9-16-1, ET SEQ. KNOWN AS THE GEORGIA UNIFORM CIVIL FORFEITURE ACT, OR TO TAKE OTHER LEGISLATIVE ACTION, TO ALLOW VEHICLES USED IN A STREET RACE OR EXHIBITION OF SPEED TO BE TEMPORARILY SEIZED BY LOCAL AUTHORITIES AND TO FURTHER ALLOW FOR THE PERMANENT FORFEITURE OF VEHICLES WHERE A DRIVER HAS A PRIOR CONVICTION FOR CERTAIN SERIOUS DRIVING OFFENSES, SUCH AS RECKLESS DRIVING; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:Councilmember, District 12 Joyce M Sheperd
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 20-R-4566 (Amendment Form) (This file has not yet been converted to a viewable format)

Item Discussion

(Favorable by Public Safety and Legal Administration Committee 11/9/20)

Body

WHEREAS, Illegal street racing has become a persistent problem here in the City of Atlanta, around the State of Georgia and in many cities around the nation; and

 

WHEREAS,  in an attempt to address the issue locally, the  Atlanta City Council adopted Ordinance 20-O-1361 on August 3, 2020 which  allows the Atlanta Police Department (“APD”) to charge non-driver participants with offenses related to vehicle speed contest using public highways, streets or rights of way in violation of applicable motor vehicle and traffic laws, including without limitation, O.C.G.A. §§ 40-6-186, 40-6-251 and 40-6-390; and

 

WHEREAS,  Ordinance 20-O-1361 also allowed the Atlanta Police Department to  temporarily seize and hold motor vehicles used for street racing, “so long as doing so was authorized under state law”; and

 

WHEREAS,  currently, state law does not allow a vehicle to be seized when used in connection with offenses related to  vehicle speed contest using public highways, streets or rights of way in violation of applicable motor vehicle and traffic laws, including without limitation, O.C.G.A. §§ 40-6-186, 40-6-251 and 40-6-390; and

 

WHEREAS,  many cities around the nation  have adopted laws which allow vehicles used in illegal motor vehicle speed contests and exhibitions of speed to be considered a nuisance to allow for such vehicles to be temporarily seized and  in certain cases permanently forfeited; and

 

WHEREAS, subjecting nuisance vehicles to temporary seizure or permanent civil forfeiture will  help to preserve the safety and wellbeing of the citizens of Georgia and help to prevent the needless loss of life and property damage often associated with illegal motor vehicle speed contests and exhibitions of speed.

 

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTA GEORGIA, that the Georgia General Assembly Amend O.C.G.A. 9-16-1, et seq., known as the Georgia Uniform Civil Forfeiture Act, or to take other legislative action, to allow vehicles used in a street race or exhibition of speed in violation of applicable motor vehicle and traffic laws, including without limitation, O.C.G.A. §§ 40-6-186, 40-6-251 and 40-6-390, to be temporarily seized by local authorities, and to further allow for the permanent forfeiture of  vehicles where a driver has a prior conviction for certain serious driving offenses such as reckless driving.

BE IT FURTHER RESOLVED, that the Municipal Clerk is directed to forward a copy of this

Resolution, upon adoption, to Governor Brian Kemp and all members of the Georgia General

Assembly.

 

BE IT FINALLY RESOLVED, that all resolutions and parts of resolutions in conflict herewith are hereby waived to the extent of the conflict.

 

 

Meeting History

Nov 2, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 9, 2020 1:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Joyce M Sheperd, Chair
SECONDER:Cleta Winslow, District 4
AYES:Joyce M Sheperd, Michael Julian Bond, Carla Smith, Amir R Farokhi, Cleta Winslow, Dustin Hillis, Andrea L. Boone
Nov 9, 2020 4:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE AS AMENDED [UNANIMOUS]
MOVER:Joyce M Sheperd, District 12
SECONDER:Jennifer N. Ide, Chair, District 6
AYES:Jennifer N. Ide, Matt Westmoreland, Andre Dickens, Natalyn Mosby Archibong, Howard Shook, J. P. Matzigkeit, Joyce M Sheperd
Nov 16, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [UNANIMOUS]
MOVER:Marci Collier Overstreet, Councilmember, District 11
SECONDER:Carla Smith, Councilmember, District 1
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd