§ 50-80. Violations while driving, moving or operating a vehicle.

(a)

Non-egregious litter.

(1)

Unlawful activity.

a.

No vehicle shall be driven or moved on any public road in the city unless such vehicle is constructed, loaded or covered so as to prevent any of its load from dropping, escaping or shifting in such a manner as to:

1.

Create a safety hazard; or

2.

Deposit litter on public or private property while such vehicle is on a public road.

b.

This section shall not prohibit the necessary spreading of any substance in connection with public road maintenance or construction operations.

c.

Nothing in this section, nor any regulations based thereon, shall conflict with federal, state public service commission or state board of public safety regulations applying to the securing of loads on motor vehicles.

(2)

Rebuttable presumption. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, aircraft or other conveyance in violation of section 50-80, the trier of fact, in its discretion and considering the totality of the circumstances, may infer that the operator of the conveyance has violated this article.

(3)

Penalties. Any person or individual violating subsection (a) shall be guilty of a misdemeanor and shall be punished as prescribed by section 50-78(b).

(b)

Egregious litter.

(1)

Unlawful activity.

a.

No vehicle shall be driven or moved on any public road in the city unless such vehicle is constructed, loaded or covered so as to prevent any egregious litter from dropping, escaping or shifting in such a manner as to:

1.

Create a safety hazard; or

2.

Deposit litter on public or private property while such vehicle is on a public road.

b.

This section shall not prohibit the necessary spreading of any substance in connection with public road maintenance or construction operations.

c.

Nothing in this section, nor any regulations based thereon, shall conflict with federal, state public service commission or state board of public safety regulations applying to the securing of loads on motor vehicles.

(2)

Penalties.

a.

Whenever a person has violated subsection (b), he or she shall be guilty of a misdemeanor and punished as prescribed by section 50-79(b).

b.

For violations of subsection (b), the arresting law enforcement agency may impound the vehicle that the person was driving at the time of the arrest until such time as the arrestee, or person other than the arrestee meets the conditions sets forth below.

1.

A vehicle impounded pursuant to this subsection shall not be released unless the person claiming the vehicle:

A.

Presents a valid driver's license, proof of ownership or lawful authority to operate the vehicle and proof of valid insurance; and

B.

Is able to operate the vehicle in a safe manner.

2.

A law enforcement agency impounding a vehicle pursuant to this subsection may charge the violator(s) a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid.

3.

A vehicle impounded pursuant to this subsection may be released to a person other than the arrestee only if:

A.

The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b)(1); or

B.

The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b)(1) are met.

(Ord. No. 20-2006, § 1, 10-9-06)

State law reference

Similar provisions, O.C.G.A. §§ 16-7-44(b), 16-7-53.1, 40-6-248.1.