§ 34-746. Penalties for littering private property or waters.

Penalties. Any person who litters private property or waters in unincorporated Fulton County shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:

(1)

Where the volume of trash thrown is less than 30 gallons, the violation of this section shall subject the violator to a fine not more than $500.00 or no more than 30 days in jail or both. Each day a violation continues shall constitute a separate violation.

(2)

Where the volume of trash thrown exceeds 30 gallons, the violation of this section shall subject the violator to mandatory penalties as follows:

a.

First offense. A fine of $1,000.00.

b.

Second offense. A fine of $1,000.00 and confinement in jail for a period not to exceed 30 days.

c.

Third or more offense. A fine of $1,000.00 and confinement in jail for a period not to exceed 60 days.

d.

Each day a violation continues shall constitute a separate violation.

(3)

In addition to the penalties in this subsection, the following penalties may be imposed:

a.

First offense. The violator may be directed to pick up and remove from any public street or highway or any public right-of-way for a distance not to exceed one-half mile any and all litter deposited thereon by anyone prior to the date of execution of sentence.

b.

Second offense. The violator may be directed to pick up and remove from any public street or highway or any public right-of-way for a distance not to exceed one mile any and all litter deposited thereon by anyone prior to the date of execution of sentence.

c.

Third or more offense. The violator may be directed to pick up and remove from any public park, private right-of-way or, with the 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 the violator has deposited or dumped litter, any and all litter deposited or dumped thereon by anyone prior to the date of the execution of sentence.

d.

Publication of names. 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

O.C.G.A. § 16-7-43; O.C.G.A. § 36-1-20.