§ 11-15. Littering.

(a)

It shall be unlawful for any person or persons to place, throw, dump, leave, deposit or cause to be permitted any litter on any public or private property within the municipal limits of this city unless: (1) the property is designated by the city or its agencies for the disposal and persons authorized by the proper public authority to use such property; (2) the litter is placed into a litter receptacle or container installed on such property; or (3) the person is the owner or tenant in lawful possession of such property or has first obtained the consent of the owner or tenant in lawful possession or unless the act is done with the personal direction of the owner or tenant, all in a manner consistent with the public welfare.

(b)

As used in this section the term:

"Litter" means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, bottles, boxes, containers, tobacco products, tires, appliances, mechanical equipment or parts, building or construction materials, tools, machinery, wood, and all other discarded material or substance of every kind and description resulting from domestic, industrial, commercial or other operation.

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

(c)

Whenever litter is thrown, deposited, dropped, dumped or otherwise removed from any motor vehicle, boat, airplane, or other conveyance in violation of this section it shall be prima-facia evidence that the operator of the conveyance has violated this part.

(1)

Except as is hereinabove provided whenever any litter which is dumped, deposited, thrown or otherwise left on public or private property in violation of this section is discovered to contain any article or articles including but not limited to letters, bills, publications or other writings 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 section.

(d)

Any person who violates this section shall upon conviction thereof be punished as follows:

(1)

By a fine of two hundred fifty dollars ($250.00) for the first offense and by a fine of four hundred dollars ($400.00) for a subsequent offense thereof.

(Ord. of 9-17-97)

State law reference

Littering, O.C.G.A. § 16-7-40 et seq.

Editor's note

An Ordinance of Sept. 17, 1997, enacted provisions to establish a new section 11-14. Said section had been previously established by an Ordinance of July 31, 1995, hence, inclusion as § 11-15 was at the editor's discretion.