§ 118-184. Appointment of handicapped parking enforcement officers; enforcement limitations.

(a)

Any duly authorized county law enforcement officer finding a vehicle or trailer parked in violation of this division shall attach to such vehicle or trailer a return mail parking citation to the owner and/or operator thereof that such vehicle or trailer has been parked in violation of this division and instructing the owner and/or operator to report this violation as a civil action subject to section 118-31. This subsection does not prohibit a duly authorized county law enforcement officer from enforcing this division within any other means of enforcement as described in this division.

(b)

Other than the person(s) described in subsection (a) of this section, any person who is a citizen of the United States, is of good moral character, has not previously been convicted of a felony, is a handicapped person and who satisfies each and every requirement listed in subsection (f) of this section shall be appointed a handicapped parking enforcement officer, and upon finding a vehicle or trailer parked in violation of this division shall attach to such vehicle or trailer a return mail parking citation to the owner and/or operator thereof stating thereon that such vehicle or trailer has been parked in violation of this division and instructing the owner and/or operator to report this violation as a civil action subject to section 118-31.

Each handicapped person appointed pursuant to this section shall take and subscribe to an oath of office administered by the county director of public safety, or his designated agent, for the true and faithful performance of his duties; shall agree in consideration of such appointment to hold the county, or other political subdivisions of the county, or any department, agency, board or officer of the county, or political subdivision of the county, harmless from any personal injury, property damage, or claim for false arrest or imprisonment sustained or caused by such appointee's enforcement of the provisions of section 118-183; and shall execute a written hold harmless and indemnity agreement in favor of the county, or other political subdivisions of the county, or any department, agency, board or officer of the county, releasing the county, or any department, agency, board or officer of the county, or other political subdivision of the county, from any liability resulting from any injury or property damage sustained or caused by such appointee in connection with the appointee's enforcement of the provisions of section 118-183. Any handicapped person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this division in the same manner as any county law enforcement officer subject to the limitations provided in subsections (c), (d) and (e) of this section; provided, that nothing in this section shall designate the handicapped person as the agent or servant of the county.

(c)

No handicapped person appointed pursuant to subsection (b) of this section shall be deemed a peace officer under this Code or:

(1)

Be deemed an employee of or receive any compensation from the county or the appointing law enforcement agency;

(2)

Be required to complete any training or be certified pursuant to the requirements of O.C.G.A. tit. 35, ch. 8 (O.C.G.A. § 35-8-1 et seq.);

(3)

Have the power or duty to enforce any other traffic or criminal laws of the county;

(4)

Have the power to possess and carry firearms and other weapons for the purpose of enforcing the handicapped parking laws; however, a person who possesses a valid license to carry a pistol or revolver issued under O.C.G.A. § 16-11-129 and who carries such a weapon in a manner permitted under O.C.G.A. § 16-11-126 shall not be in violation of this subsection; or

(5)

Be entitled to any indemnification from the county, or other political subdivisions of the county, or any department, agency, board or officer of the county, for any injury or property damage sustained by such person as a result of attempting to enforce the handicapped parking laws of the county.

(d)

Neither the county, or other political subdivision of the county, or any department, agency, board, or officer of the county shall be held liable or accountable for or on account of any act or omission of any handicapped person appointed pursuant to this section in connection with such person's enforcement of the provisions of section 118-183.

(e)

The appointed handicapped person as described in subsection (b) of this section is specifically prohibited from enforcing subsections (c) and (h) of section 118-183.

(f)

Requirements for appointment as a handicapped parking enforcement officer shall be provided by the county director of public safety and approved by the board of commissioners. A copy of such requirements shall be available for inspection in the office of the director of public safety.

(Res. of 5-8-89; Ord. of 10-23-90; Code 1977, § 3-24-110)