ARTICLE IV. – LITTER CONTROL

• 66-61. – General provisions.

(a) Purpose and intent. The purpose of this article is to provide for the public health, safety, and general welfare through the regulation and prevention of litter. The objectives of this article are:

(1) Provide for uniform prohibition throughout the county of any and all littering on public or private property;

(2) Prevent the desecration of the beauty and quality of life of the county and prevent harm to the public health, safety, and general welfare, including the potential degradation of water and aquatic resources caused by litter.

(b) Applicability. This article shall apply to all public and private property within the county.

(c) Compatibility with other regulations. This article is not intended to interfere with, abrogate, or annul any other article, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other article, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

(d) Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article.

(Res./Ord. of 2-7-06, § 1)

• 66-62. – Definitions.

Litter means any waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, ashes, sand, gravel, slag, brickbats, metal, plastic, and containers, glass containers, broken glass, dead animals, or intentionally or unintentionally discarded materials of every kind and description which are not “waste” as such term is defined in O.C.G.A., § 16-7-51, paragraph 6.

Public or private property means the right-of-way of any road or highway; and any body of water or watercourse or the shores or beaches thereof; waterways and drainage systems, any park, playground, building, refuge, or conservation or recreation area; timberlands, or forests, and residential, commercial, industrial, or farm properties, timberlands, or forests.

(Res./Ord. of 2-7-06, § 1)

• 66-63. – Prohibition against littering public or private property.

(a) Public or private property.

(1) It shall be unlawful for any person or persons to throw, dump, sweep, push, blow, deposit, or, leave, or to cause or permit the throwing, dumping, sweeping, pushing, blowing, depositing, or leaving of litter on any public or private property in the county or any waters in the county unless:

a. The property is designated by the state or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized by the proper public authority to use such property;

b. The litter is placed into a receptacle or container installed on such property; or

c. The person:

1. Is the owner or tenant in lawful possession of such property,

2. Has first obtained consent of the owner or tenant in lawful possession, or

3. The act is done under the personal direction of the owner or tenant.

(2) No person shall conduct any activity or acts set forth in subsection (a)(1)a., b., or c. unless all activity or acts are done in a manner consistent with the public welfare and do not constitute a nuisance.

(b) Waterways and stormwater drainage systems.

(1) It shall be unlawful for any person or persons to throw, dump, sweep, push, blow, deposit, leave, or to cause or permit the throwing, dumping, sweeping, pushing, blowing, depositing, or leaving of litter in any public or private gutter, street, right of way, waterway, or storm water collection system within the county; and

(2) It shall be unlawful for any person or persons to dump raw human waste or waste water of any sort, used motor oil, and any other liquid into any public right of way, waterway, or storm water collection system within the county. This includes dumping from any train, aircraft, motor vehicle, or vessel, unless otherwise authorized by law.

(Res./Ord. of 2-7-06, § 1)

• 66-64. – Vehicle loads causing litter.

No person shall operate any motor vehicle, boat, airplane, or other conveyance with a load, on or in such conveyance, unless the load, on or in such conveyance, is adequately secured to prevent the dropping or shifting of such load onto the ground, roadway, public or private property.

(Res./Ord. of 2-7-06, § 1)

• 66-65. – Violations, enforcement and penalties.

(a) Violations. It shall be unlawful for any person to violate any provision, or fail to comply with any of the requirements, of this article. Any person who has violated or continues to violate the provisions of this article may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law.

(b) Evidence.

(1) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this article, it shall be prima facie evidence that the operator of the conveyance has violated this article.

(2) Except as provided in subsection (b)(1), whenever any litter that is dumped, deposited, thrown, or left on public or private property in violation of this article is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this article.

(c) Penalties. Any person who violates this article shall be guilty of a violation and, upon conviction thereof, shall be punished as follows:

(1) For violations not occurring on a waterway or storm drainage system, by a fine of not less than $250.00 and not more than $1,000.00. For violations occurring on a waterway or storm drainage system, by a fine of not less than $1,000.00; and

(2) In addition to the fine set out in subsection (c)(1) above, the violator shall reimburse the county for the reasonable cost of removing the litter when such litter is, or is ordered, removed by the county; and

Court-mandated litter cleanup:

a. In the sound discretion of the court, the person 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 he 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, the person may be directed to pick up and remove any and all litter from any public property, private right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter. Pick up and removal shall include any and all litter deposited thereon by anyone prior to the date of execution of the sentence.

c. The court may publish the names of persons convicted of violating this article.

(d) Enforcement. All law enforcement agencies, and code enforcement officers and county officials are hereby authorized, empowered and directed to enforce compliance with this article.

(Res./Ord. of 2-7-06, § 1; Ord. No. 66-65, §§ 1, 2, 4-14-09)