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Decatur council approves repossession ordinance changes

Starting June 1, towing operators must notify police before making an attempt to repossess a motor vehicle.

DECATUR, Ala. — City Council members formally approved changes to existing vehicle repossession ordinances at Monday's meeting. These changes include guidelines on towing operators' notification to police of planned repossessions and language previously added to drafts involving breaches of the peace.

Starting June 1, when the changes go into effect, towing companies or anyone else deemed a "Repossesser" must notify Decatur Police Department at least 30 minutes prior to a repossession attempt and provide a detailed description of the vehicle to be towed. That includes vehicle ID number, tag numbers, and colors. They must also provide the location of the attempted repossession and the name of the person believed to be in current possession of the vehicle.

"No repossesser shall proceed with more than one repossession attempt of the same motor vehicle at the same location during any 24-hour period," the ordinance reads.

In the section headed "Breach of the Peace," the ordinance spells out what would constitute a said breach. In part, it decrees: "Actual confrontation or violence is not necessary to finding a breach of peace” but that determination is based on the overall actual facts and circumstances involved."

Violations of towing personnel to this ordinance could result in a fine of up to $500 and six months imprisonment.

Calls for changes to the ordinance grew in the wake of the Perkins shooting, in which police were called to intervene in a contested vehicle repossession. Perkins was shot by then-Officer Mac Marquette, who is presently awaiting trial for murder.

The council voted 4-1 in favor of approving the change, with Hunter Pepper the lone dissenter.

    

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