Prima-Facie Evidence; Rebuttable Presumption

  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. Prima-Facie Evidence; Rebuttable Presumption

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  1. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part.
  2. Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.

(Ga. L. 1970, p. 494, § 6; Ga. L. 1984, p. 1489, § 1; Ga. L. 1990, p. 8, § 16; Ga. L. 2006, p. 275, § 2-1/HB 1320.)

Cross references.

- Littering highways, § 40-6-249.

Editor's notes.

- Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides: "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.


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