§ 50-79. Egregious litter.

(a)

Unlawful activity. It shall be unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit:

(1)

In or on any public highway, road, street, alley or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;

(2)

In or on any fresh-water source; or

(3)

In or on any private property, unless prior consent of the owner has been given.

(b)

Penalties.

(1)

Continuing violations. Each day a continuing violation occurs shall constitute a separate violation under this section.

(2)

Categories of penalty.

a.

Any person, company or entity that intentionally dumps egregious litter in violation of this section shall be guilty of a misdemeanor if said litter is in an amount not exceeding 100 pounds in weight or 25 cubic feet in volume. Upon conviction, said violator shall be charged a fine not less than $100.00 and not more than $300.00 per day.

b.

Any person, company or entity that intentionally dumps egregious litter in violation of this section shall be guilty of a misdemeanor if said litter exceeds 100 pounds in weight and or 25 cubic feet in volume. Upon conviction of the first offense, said violator shall be charged a fine not less than $250.00 and not more than $500.00 per day. However, for the second and each subsequent offense, such person shall be guilty of a misdemeanor of high and aggravated nature and, upon conviction thereof, shall be fined up to $1,000.00 for each violation, imprisoned for up to six months, or both.

c.

Any person, company or entity that intentionally dumps egregious litter in violation of this section is guilty of a misdemeanor of a high and aggravated nature if:

1.

Said litter is biochemical waste or an otherwise hazardous waste or substance in any quantity; or

2.

The dumping is for commercial purposes.

Any person, company or entity found littering in violation of this section shall be fined not more than $1,000.00 for each violation, imprisoned for not more than six months, or both.

d.

In addition to the penalties provided in subsections a. through c. of this subsection, the court may order the violator to do any or all of the following:

1.

Remove or render harmless any egregious litter dumped in violation of this article;

2.

Repair or restore property damaged by such litter;

3.

Pay damages resulting from such dumping; or

4.

Perform public service related to the removal of illegally dumped litter or restoration of an area polluted by such substance.

e.

In addition, the violator shall reimburse the city for the reasonable cost of removing said litter or having it removed by another party.

f.

The court, in its discretion, may publish the notice of conviction for each person or entity convicted of violation this section. Such notices of conviction shall be published in the legal organ of the county where the violator resides or, in the case of a nonresident, in the legal organ of the county in which the violator was convicted. Such notice shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.

1.

If a notice is published pursuant to this subsection, the violator shall be assessed the cost of publication and such assessment shall be imposed at the time of the conviction along with any other fine imposed under this article.

2.

The clerk of the court, the publisher of the legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.

(c)

Rebuttal presumption for egregious litter violations. Whenever any egregious litter which is dumped in violation of section 50-79 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, company or entity thereon, addressed to such person or entity in a way that suggests that such article(s) belong or belonged to such individual, the trier of fact in its discretion may infer that such person, company or entity has violated this article.

(Ord. No. 20-2006, § 1, 10-9-06)

State law reference

Similar provisions, O.C.G.A. §§ 16-7-52—16-7-54.