Littering Public or Private Property or Waters; Enforcing Personnel

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Damage to and Intrusion Upon Property
  5. Criminal Trespass and Damage to Property
  6. Littering Public and Private Property
  7. Littering Public or Private Property or Waters; Enforcing Personnel

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  1. It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless:
    1. The area is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to so use such area;
    2. The litter is placed into a nondisposable litter receptacle or container designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or
    3. The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.
    1. Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
    2. In addition to the punishment provided under paragraph (1) of this subsection:
      1. 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 the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or
      2. In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, 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 person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.
  3. The court may publish the names of persons convicted of violating subsection (a) of this Code section.
  4. Any county, municipality, consolidated government, or law enforcement agency thereof of this state which is empowered by Code Section 16-7-45 or other law to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county, municipality, or consolidated government in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county, municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section.
  5. No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or:
    1. Be deemed to be an employee of or receive any compensation from the state, county, municipality, consolidated government, or appointing law enforcement agency;
    2. Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35;
    3. Have the power or duty to enforce any traffic or other criminal laws of the state, county, municipality, or consolidated government;
    4. Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or
    5. Be entitled to any indemnification from the state, county, municipality, or consolidated government for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government.
  6. Notwithstanding any law to the contrary, neither the state nor any county, municipality, or consolidated government of this state or any department, agency, board, or officer of this state or any county, municipality, or consolidated government of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of this Code section or local littering ordinances.
  7. It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor.

(Ga. L. 1970, p. 494, §§ 4, 5; Ga. L. 1971, p. 886, § 1; Ga. L. 1974, p. 454, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1987, p. 813, § 1; Ga. L. 1995, p. 315, § 1; Ga. L. 2002, p. 637, § 2; Ga. L. 2006, p. 275, § 2-1/HB 1320.)

Cross references.

- Waste management generally, T. 12, C. 8.

Littering of highways, § 40-6-249.

Duty of wrecker truck driver to take away all parts of vehicle from scene of wreck, § 40-6-276.

Editor's notes.

- Ga. L. 1987, p. 813, § 2, not codified by the General Assembly, and effective July 1, 1987, provided that that Act should not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 1987, nor shall the prosecution of such crime be abated as a result of that Act.

Ga. L. 2002, p. 637, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Clean Communities Act of 2002'."

Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Comprehensive Litter Prevention and Abatement Act of 2006."'

Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.

Law reviews.

- For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising under O.C.G.A. § 16-7-43(g) require fingerprinting. 2002 Op. Att'y Gen. No. 2002-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 40 Am. Jur. 2d, Highways, Streets, and Bridges, § 677.


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