§ 34-742. Penalties for littering public property or waters.

Any person who litters public property or waters shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:

(1)

If litter is ten pounds in weight or less or 15 cubic feet in volume or less, by a fine not more than $500.00 or no more than 30 days in jail or both.

(2)

If litter is in excess of ten pounds in weight or 15 cubic feet in volume, shall be fined $1,000.00 or no more than 60 days in jail or both for each occurrence; and each occurrence shall be deemed a separate offense.

(3)

In addition to the fines set out in subsections (1) and (2) above, the violator shall reimburse Fulton County for the reasonable cost of removing the litter when the litter is removed by Fulton County or its agents; and

(4)

In the sound discretion of a court in which a 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; and

(5)

In the sound discretion of the judge of a court in which a conviction is obtained, the violator may be directed to pick up and remove from any public property, right-of-way, or such property, upon which it can be established that the violator has deposited litter, any and all litter deposited thereon by anyone; and/or repair or restore property damaged by such littering.

(6)

The court may publish the names of persons convicted of a violation under this section.

(Ord. No. 98-0379, 3-4-98)

State law reference

Chattahoochee River Basin Act, O.C.G.A. § 12-5-400; Metropolitan River Protection Act, O.C.G.A. § 12-5-440; violations of county ordinances, O.C.G.A. § 15-10-60; maximum penalty for violating county ordinances, O.C.G.A. § 36-1-20.

Cross reference

Duty of owner to clean property, § 26-3.