§ 50-78. Non-egregious litter.

(a)

Unlawful activities. It shall be unlawful for any person to dump, deposit, throw, leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this city or any waters in this city, unless:

(1)

The area is designated by the state, the city or any of its agencies for the disposal of litter and the person is authorized by the proper public authority to use such area for trash disposal;

(2)

The litter is placed into a nondisposable litter receptacle or container designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or

(3)

The person or entity discarding said trash is the owner or tenant in lawful possession of such property, said act is committed with the owner or lawful tenant's consent or at their express direction.

(b)

Penalties.

(1)

Any person who violates this section shall be guilty of a misdemeanor and upon conviction be punished by a fine not less than $100.00 and not more than $1,000.00 and/or by imprisonment not to exceed six months.

(2)

In addition to the punishment provided under subparagraph (1) of this subsection:

a.

In the sound discretion of the court in which the conviction is obtained, the violator may be directed to pick up and remove from any public street or highway or public right-of-way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

b.

In the sound discretion of the court in which the conviction is obtained, the violator may be directed to pick up and remove from any public park, private right-of-way or any private property upon which it can be established by competent evidence that the violator has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.

c.

In the sound discretion of the court in which the conviction is obtained, the judge may order the names of persons convicted of violating section 50- 78 be published.

(3)

In addition to the fines and penalties set forth hereinabove, the violator shall reimburse the city for the costs incurred to remove the litter or have it removed by another entity. Said costs should be added to any other penalties and fees charged to the defendant as a result of the conviction.

(c)

Prima facie evidence; rebuttable presumption. Whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of section 50-78 is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writings which display the name of a person or entity thereon in such a manner as to indicate that the article(s) belong or belonged to said person or entity, the trier of fact, in its discretion and considering the totality of the circumstances, may infer that such person or entity has violated this part.

(Ord. No. 20-2006, § 1, 10-9-06)

State law reference

Similar provisions, O.C.G.A. § 16-7-43.