Litter enforcement training for the state of Georgia [2007]

Litter Enforcement Training for the State of Georgia
November 2006

ACKNOWLEDGEMENT
R. W. Beck, Inc. would like to acknowledge the following organizations for their invaluable input in preparing the content of the Litter Enforcement Training Program and this Manual. The only way we will be successful in preventing and abating litter in Georgia is with the diversity of expertise and the commitment demonstrated by this group.
Association County Commissioners of Georgia Department of Community Affairs Department of Economic Development Department of Natural Resources Department of Public Safety Department of Transportation Georgia Association of Code Enforcement Officers Georgia Association of Tire Retailers Georgia Beverage Association Georgia Chamber of Commerce Georgia Garden Club Association Georgia Municipal Association Georgia State Patrol Hands On Georgia Keep Georgia Beautiful Executive Directors Metropolitan North Georgia Water Planning District National Solid Waste Management Association Office of Highway Safety Police Chief Association Prosecuting Attorney's Council of Georgia Pulp and Paper Association Sheriff's Association
The materials included in this Manual are available from the Georgia Department of Community Affairs at www.litteritcostsyou.org, or (404) 6794940.

Contents
Section/Page

Introduction.....................................................................................................

1-1

Training Modules............................................................................................

2-1

Key Litter Facts...............................................................................................

3-1

Summary of Georgia Litter Abatement Act....................................................

4-1

"Keep it in Your Bed" Brochure.....................................................................

5-1

Summary of GA Statewide Visible Litter Survey ..........................................

6-1

How to Investigate a Litter Crime Scene........................................................

7-1

Litter Enforcement Case Studies

City of Marietta, GA .................................................................................

8-1

Hall County, GA .......................................................................................

8-2

Allentown, PA...........................................................................................

8-3

Dougherty County, GA.............................................................................

8-4

Milledgeville DOT Area, GA............................................. .......

8-5

Establishing Environmental Courts ................................................................

9-1

Enforcement Officer Toolkit

At-a-Glance Summary of GA Litter Abatement Act................................

10-1

Checklist for Investigating a Litter Crime Scene......................................

10-3

Litter Crime Scene Investigation Form.....................................................

10-4

List of Resources and References

DNR Law Enforcement Region Map .......................................................

11-1

DNR Wildlife Resources Division Law Enforcement Section

Contact Information by Region ............................................................

11-2

Resources and References.........................................................................

11-3

Appendix A - Full Text of GA Litter Abatement Act ....................................

A-1

1. Introduction

Georgia Litter Enforcement Training Course Introduction
Introduction
The State of Georgia and Keep America Beautiful, Inc. have joined forces to offer litter enforcement training for elected officials, judges, prosecutors, law enforcement officials and other interested parties. R. W. Beck was retained to develop the training materials, including:
Two training manual modules, geared for different audiences, with different time requirements;
A "Litter Enforcement Tool Kit" - materials that were developed to help enforcement officers in the field;
Three PowerPoint presentation modules, which include accompanying notes. The presentation modules include:
Main Presentation - This presentation can be used as is or can be adapted to specific audiences and time schedules. Recommendations on appropriate audiences are listed in the notes on each slide.
Environmental Courts - These slides provide details describing environmental courts and how they can be established. These slides may be of interest to elected officials and judges, in particular.
How to Investigate a Litter Crime Scene - These slides describe steps to investigating a litter crime scene, including safety and evidence gathering. These slides were intended for audiences comprised of law and code enforcement officers.
While the training modules contain basic presentation guidelines, it is fully expected that instructors using these materials will adapt the slides and materials to suit specific training needs and opportunities.
We appreciate the assistance of those who provided feedback on materials during the development stage, and those who provided detailed information that helped in developing the case studies.
1-1

2. Training Modules

Georgia Litter Enforcement Training Modules
Purpose of Training Modules
These training materials and the resulting training that is delivered will result in accomplishing the following general learning objectives:
Learning Objectives
By the end of these training sessions, each participant will: Understand the costs of littering on quality of life, environmental health, and the economy in Georgia and why enforcement of litter laws is important; Have a working knowledge of the new provisions of the Litter Prevention and Abatement Act and the Act's implications with respect to litter abatement and prevention in GA; Understand the role and powers of the various entities that can be involved in enforcement of the Act, including participant's own role; Know where to go for further information and assistance as needed.

Training Module #1

Target Participants
Judges Prosecutors Local Elected Officials Citizen Groups

Training Format
PowerPoint presentation
with notes
1 hour; presentation
followed by Q&A
Recommended for delivery
by 1-2 instructors
Suitable for a plenary or
breakout session at professional meetings/ conferences

Printed Materials
Printout of PowerPoint
presentation
Litter Facts Summary Summary of the Act Summary descriptions of
effective programs in Georgia or other localities
List of resources and contacts Description of environmental
courts and how to establish

Recommended Training Session Outline

I. Introduction to Litter Enforcement Training 5 minutes (Slides 2 through 4)
II. Litter What Is It and Why Be Concerned 5 minutes (Slides 5 through 20) a) Types of litter (as defined in the Act) b) Who litters and why c) Cost of litter Impact of litter on Georgia's environment, tourism, economic development, public health and safety, quality of life, etc. d) Broken windows theory

2-1

Georgia Litter Enforcement Training Modules
III. Effective Litter Management: A Three-Pronged Effort 5 minutes (Slides 21 through 28) a) Education building awareness and understanding in schools and communities b) Eradication/clean up providing for proper disposal of waste/litter and clean up of improperly disposed litter c) Enforcement - consistent, effective code and law enforcement
IV. Importance of Enforcement 5 minutes (Slides 29 through 36)
V. Comprehensive Litter Prevention and Abatement Act of 2006 10 minutes (Slides 37 through 40) a) Overview b) Key provisions
VI. Role of Key Players in Enforcement 22 minutes (Slides 41 through 52) a) Elected officials (i) Role in making litter abatement a community priority (ii) Establishment of environmental courts b) Judges and the Courts (i) Power and authorities granted to courts and judges (ii) Environmental courts (iii) Sentencing options c) Prosecutors (i) Role (ii) Working with law enforcement officers in case building d) Code and law enforcement officers (i) Role of local vs. state officers (ii) Powers of law vs. code enforcement officers e) Public and the media (i) As watchdog - on crime and government's response
VII. Summary 3 minutes (Slide 53)
VIII. Next Steps 5 minutes (Slide 54) a) Resource materials (manual and website) b) Clean Community Challenge
2-2

Georgia Litter Enforcement Training Modules
Optional Extension for Training Module 1
I. Environmental Courts 20 minutes (Slides 57 through 67) a) Why traditional courts may not be effective b) Types of cases heard in environmental courts c) Highlights and benefits of environmental court systems d) Steps to establish environmental courts

Training Module #2

Target Participants
Law Enforcement Officers:
Sheriffs, Police Officers, DNR Law Enforcement Rangers, Highway Patrol;
Code Enforcement Officers

Training Format
PowerPoint presentation
with notes;
Training program
designed so as not to exceed 4 hours;
Recommended for
delivery by 2-4 instructors

Printed Materials
Training program agenda
listing topics and speakers
Printout of PowerPoint
Presentation with notes
Litter Facts Summary Summary of the Act At-A-Glance Guide on Litter
Laws and Penalties
Litter Crime Investigation
Checklist
Litter Crime Scene
Investigation Form
Map showing contact
information by County (DNR rangers, other)
List of Resources and
References

I. Introduction to Litter Enforcement Training Program 5 minutes (Slides 2 through 4)
II. Litter What is It and Why Be Concerned 10 minutes (Slides 5 through 15) a) Types of litter (as defined in the Act); who litters and why b) Cost of littering: Impact of litter on Georgia's environment, tourism, economic development, public health and safety, quality of life, etc. c) Broken windows theory
III. Who Litters and Why 10 minutes (Slides 16 through 20) a) Characteristics b) Motivators c) Behavioral tendencies

2-3

Georgia Litter Enforcement Training Modules
IV. Effective Litter Management: a Three-Pronged Effort 10 minutes (Slides 21 through 28) a) Education - building awareness and understanding in schools and communities b) Eradication/clean up providing for proper disposal of waste/litter and clean up of improperly disposed litter c) Enforcement - consistent, effective code and law enforcement
V. Importance of Enforcement 10 minutes (Slides 29 through 35) a) Education reduces but does not prevent all littering b) Cost of clean up efforts c) Cases where investigation of litter violations leads to discovery and prosecution of bigger crimes (e.g., littering as reason to stop potential drunk driver, or drug dealer) d) Public wants and expects enforcement
VI. Comprehensive Litter Prevention and Abatement Act of 2006 30 minutes (Slides 36 through 40) a) Overview b) Key provisions
VII. Role of Key Players in Enforcement 30 minutes (Slides 41 through 53) a) Elected officials (i) Role in making litter abatement a community priority (ii) Establishment of environmental courts b) Judges and the Courts (i) Power and authorities granted to courts and judges (ii) Environmental courts (iii) Sentencing options c) Prosecutors (i) Role (ii) Working with law enforcement officers in case building d) Code and law enforcement officers (i) Role of local vs. state officers (ii) Powers of law vs. code enforcement officers e) Public and the media As watchdog - on crime and government's response
VIII. Investigation and Enforcement Strategies 30 minutes (Slides 68 74) a) Importance of collective effort and need for local action (State can assist, but can't do it alone) b) Using litter violations to pursue more serious crimes c) Exercising discretionary powers: compliance vs. conviction d) Investigating litter violations and building cases (i) Field equipment (ii) Safety procedures (iii) Gathering evidence (iv) Documentation and tracking disposition of cases
2-4

Georgia Litter Enforcement Training Modules
IX. Next Steps 10 minutes (Slide 54 in main slide presentation, to be relocated to end of slide presentation for Module 2) a) Resource materials (manual and website) b) Additional training opportunities c) Statewide marketing campaign d) Clean Community Challenge
2-5

Litter Enforcement Training for Georgia Enforcement Officials
November 2006
Objective: Upon Completing this Training, Participants will...
Understand the impact of littering and why enforcement of litter laws is important
Have working knowledge of the Litter Prevention and Abatement Act
Understand options for local ordinances on litter prevention and abatement
Understand the role and powers of various entities involved in enforcing the Act, including participant's own role
Know what to do and where to go for more information and assistance
2
2-6

Background
June 2005 - Governor Perdue created Litter Abatement and Prevention Team April 2006 - Governor signs Comprehensive Litter Prevention and Abatement Act June 2006 - GA DCA contracts with KAB and R.W. Beck to conduct litter assessment and develop litter enforcement training August 2006 - Governor's Summit on Litter, and kick off of statewide campaign and Clean Community Challenge
3
Comprehensive Litter Prevention and Abatement Act of 2006
Improves ability of law enforcement to punish litter offenders
Clarifies complicated statutes related to litter Stresses personal responsibility as an
overarching principle
4
2-7

What is Litter?
Keep America Beautiful:
Litter is misplaced solid waste
Source: Georgia Litter Assessment, 2006 5
Georgia Litter Act Defines Litter as...
Any discarded or abandoned:
Refuse, rubbish, junk, or other waste material or
Dead animals not subject to provisions of Code Section 4-5-4
Source: Georgia Litter Assessment, 2006 6
2-8

Act Distinguishes "Egregious Litter"
Litter that exceeds 10 pounds in weight or 15 cubic feet in volume
Any amount of biomedical waste, hazardous waste, or hazardous substance
Any amount dumped for commercial purposes 16-7-51 (4)
7
Also Addressed by the Act as Littering
Placement of posters, signs or advertisements in public right-of-ways, on public and private buildings and properties without authorization, or on properties in violation of zoning ordinances (regarded as litter violation)
Leaving behind automobile parts when tow truck drivers haul away automobiles from wreck sites, etc.
8
2-9

Types of Litter
Common household garbage Large items such as appliances and
furniture Construction and demolition debris Beverage and fast food containers Cigarette butts Scrap tires Grease or grit trap waste Commercial waste (small
businesses) Automobiles & automotive wastes
Source: Georgia Litter Assessment, 2006 9
Why be Concerned What's the Big Deal?
10
2-10

Health and Safety Costs
Garbage and litter breeds bacteria and molds and can spread diseases
Litter provides food and breeding ground for insects, rats, and snakes
Dangerous chemicals are often dumped Children play in and around dumps Litter attracts more litter as well as more
serious crimes
11

"Broken Windows" Theory
General disorder leads to rise in further decay and crime.
Example: If one window is broken, more will be broken.
Like broken windows, litter creates impression that no one cares, which results in more littering, vandalism, break ins, and other crimes.

Source: Washington Dept. of Ecology

12

2-11

Environmental Costs
Litter poses danger to wildlife
Egregious litter can contaminate water and soil and pose a fire hazard

Photo: The Ocean Conservancy

13

Costs with respect to Georgia's Beauty

Litter is unsightly and affects enjoyment of Georgia's beauty by all visitors and residents
No one wants to visit, work or play in a trashy environment
Tourism, economic development, property values and quality of life are all harmed by litter

Source: Georgia Litter Assessment, 2006

14

2-12

Costs of Combating Litter

North Central Texas Region Study:
Allocation of Program Costs 56.1% - Cleanup 27.4% - Enforcement 16.5% - Education/Outreach
Costs of Cleanup $326 per ton $805 per dumpsite

Georgia DOT spends over $14M each year for roadside cleanups

Source: Georgia Litter Assessment, 2006

15

Who Litters?
Residents from rural, suburban, and urban areas Private / commercial haulers Contractors / remodelers Illegal drug labs Businesses (oil, solvents, hazardous waste,
tires, etc.) Illegal solid waste facilities (landfills and sham
recycling, tire and composting facilities)
16
2-13

Why do People Litter?
Carelessness (litter blows out of truck beds, uncovered trash and recycling bins, off boats and picnic tables, etc.)
Lack of solid waste collection services or knowledge of proper disposal options
Perception that service is too costly relative to risk of being caught
Simple laziness
17
Primary Sources of Litter
Pedestrians who do not use receptacles Motorists who do not use car ashtrays or litterbags Business dumpsters that are improperly covered Loading docks with inadequate waste receptacles Construction and demolition sites without tarps and
receptacles to contain debris and waste Trucks with uncovered loads Household trash scattered before or during
collection
18
2-14

Where does Littering Occur?
Where litter has already accumulated Where there is no sense of ownership for the
property Where someone else will clean up afterwards Along roadways from unsecured loads and
passenger vehicles Sides or dead ends of isolated, rural roads Abandoned strip pits In dumpsters belonging to other customers Utility easements and storm drains
19
When do People Litter?
Mornings, on the way to work Nights and weekends After or before major holidays (i.e. Thanksgiving,
Christmas) Before, during or after moving (often around the 1st
of the month) In the spring, when dirt roads dry out after long
period of being wet from rain or snow After a storm, due to fallen tree limbs and damaged
roofs
20
2-15

Effective Litter Abatement: A Three-Pronged Effort

Education - building awareness and understanding in schools and communities
Eradication/Clean Up providing for proper disposal of waste/litter and clean up of improperly disposed litter
Enforcement - consistent, effective code and law enforcement

Source: Washington Dept. of Ecology Ecology Youth Corps Clean Up

21

Typical Pattern in Programs Actively Combating Litter
As program matures, decreases in reported illegal dumpsites and overall clean-up costs occur 6-10 years following program implementation.
For up to 5 years, dramatic increase in amount of reported cases of illegal dumping. Point at which enforcement and public education program is initiated.
22
2-16

Proactive Education and Outreach
Well-trained litter prevention and response staff Integration with other programs Strong relationships with local media outlets Active litter and illegal dumping hotline Information on litter and illegal dumping provided at
environmental and solid waste-related events Effective communication between neighboring entities
23
Example Dougherty County
Keep Albany-Dougherty Beautiful conducts a six-week anti-litter campaign each year followed by a media blitz.
As code enforcement officers identify the litterer, KADB alerts the media, who go to the site, and announce the offender's name on the evening news and in the newspaper.
This strategy has proven to be an effective deterrent.
24
2-17

Proactive Eradication/Clean Up Strategies
Eradication: Convenient outlets for trash and recyclables to deter
illegal dumping and littering Strategies for eliminating packaging that becomes litter Clean Up: Active involvement of volunteers in clean-up efforts Litterers participate in clean-up efforts Dedicated litter clean-up equipment Targeting litter and illegal dumping on private property Storage facilities provided to temporarily store litter Ongoing monitoring of litter sites
25
Example Milwaukee, Wisconsin
City enacted ordinance targeting property owners to address absentee landlord concerns
Property owners are ordered to clean up litter and other code violations on their property
If they don't comply, City hires contractor to do the clean up, and adds the costs to owner's property tax bill
This approach results in timely clean up, either performed or financed by the property owners
Policy serves as a major deterrent to noncompliant behavior
26
2-18

Proactive Enforcement Strategies
Good communication and team work between enforcement staff and prosecutors
Local litter/code officers operate in concert with other law enforcement officers
Enforcement officers are appropriately equipped Local illegal dumping task force/ roundtable group Local ordinances with alternative sentencing provisions Litter investigation and conviction data is tracked Enforcement personnel are educators and change agents in
their community
27
Example Marietta, GA
Implemented Community Policing Program in 2000 Divided City into five zones Zone Management Teams formed Commanders have accountability for each zone Town meetings for each zone Use tickets as enforcement tool Keep Marietta Beautiful helps with Cleanups Crime rate has declined by 40 percent
28
2-19

Importance of Enforcement
Education reduces, but doesn't eliminate all littering
Enforcement, over long term, is costeffective
Investigation of litter violations can lead to discovery and prosecution of bigger crimes
Public wants and expects enforcement
29
Types of Environmental Laws/Regulations
Title 12 and 16 Georgia State statutes/laws Major Federal statutes Title 40, Code of Federal Regulations County and municipal rules and ordinances
(civil only)
30
2-20

Title 12 Environmental Statutes
Title 12: Conservation and Natural Resources
Used mainly by Environmental Protection Division
Civil Litigation Costly to Prosecute
31
Title 16 Crimes and Offenses
Punishable through Criminal Justice System both misdemeanors and felonies
Used by DNR Law Enforcement and other Law Enforcement agencies for most environmental crimes
Less costly to prosecute, although higher burden of proof
Cases disposed of faster (in most cases)
32
2-21

Federal Laws and Ordinances
Both misdemeanor and felony offenses Regulate:
Discharge of pollutants to public water - often strict penalties (fouling of ground or surface water) Hazardous waste transport and disposition Medical waste management Used oil and lead acid batteries disposal Scrap tires management
33
Local Ordinances
Generally misdemeanor penalties Particularly effective when paired with state
ordinances
34
2-22

Example of Effective Local Ordinance Allentown, Pennsylvania
Survey indicated that litter was a major issue for residents
Mayor established a task force which recommended creation of SWEEP - Solid Waste Education and Enforcement Program (modeled after Philadelphia's program)
SWEEP officers focus on litter/illegal dumping and issue tickets comprehensive authority
Program keeps judges from hearing 2,000 cases per year
Tickets less burdensome than citations no judges involved unless repeat or egregious violations
35
Georgia Comprehensive Litter Prevention and Abatement Act
Specifies penalties for littering by type of litter
Holds the driver responsible for litter leaving a vehicle
Increases the accountability for drivers of egregious littering violations
Defines expectations for tow truck drivers regarding vehicle and auto parts removal when towing
36
2-23

37
38
2-24

Georgia Comprehensive Litter Prevention and Abatement Act (cont'd)
Limits placement of posters, signs, ads, etc. on public and private properties
Directs public authorities and agencies to establish and maintain litter receptacles at appropriate locations on state properties frequented by the public
39
Enforcement Whose Job is it?
40
2-25

Parties with Enforcement Powers under Georgia's Litter Act
All law enforcement agencies and officers Officials of the state or any political subdivision Officials of any commission or authority of the state
or any political subdivision U.S. citizens of good moral character, with no felony
convictions appointed as code enforcement officers
16-7-43 (d) and 16-7-45
41
Combating Litter takes a Proactive Approach
"Just as some places are lawless and some are more law-abiding, some communities insist on local enforcement of the state criminal laws against dumping ... and some don't.
Which kind is yours?"
John H. Ockels, Ph.D.; Texoma Council of Governments
42
2-26

Primary Enforcement Personnel
Elected officials Chiefs of police Law and code enforcement officers Prosecuting attorneys Judges Public and media
43
Elected Officials
Must take littering seriously; make it a community priority
Establish education, enforcement, and clean up programs with adequate funding and staff resources
Create inter-agency/departmental task force Pass local ordinances Establish environmental courts
44
2-27

The Courts
JP / Municipal most commonly used Probate, magistrate, and municipal
courts can hear cases punishable for its violation as a misdemeanor County / District level with prosecutor help for more serious offenses Environmental courts very effective mechanism
45

Example of Environmental Court System Hall County, Georgia

Established separate court system for code violations in late 1990's
Allows judge/prosecutor to: Focus on code violations Develop expertise/experience regarding violators Develop creative sentencing
Increased enforcement has led to fewer violations

Photo: Hall County, GA

46

2-28

Judges
Broad sentencing discretion Sentences can deter further littering
behavior by violator as well as by others Sentences that engage violator in litter clean ups can have educational benefit Sentences that bring public attention to litterers can create embarrassment which is a strong deterrent
47
Prosecuting Attorneys
Role of prosecutor is to seek a conviction Primary purpose of prosecuting litter violations is
compliance and deterrence rather than punishment Dismissal of prosecutable cases sends wrong
message Cost of not prosecuting:
Increased littering Public apathy and disillusionment Bad press Political fallout for elected officials
48
2-29

Law and Code Enforcement Officers
GA Litter Act provides enforcement authority to wide range of government officials and authorized designees
Local enforcement officers are primary party for identifying violations and violators
Includes sheriffs, highway patrol, police officers, campus police State DNR officers:
Support but can't substitute for local officers Can investigate litter violations (particularly egregious) on behalf of
local officers
Chiefs of Police and other senior staff who make enforcement of litter laws a priority prompt a similar response on the part of subordinate personnel.
49
Law and Code Enforcement Officers
Protect both quality of life and public safety Influence property owners to deter further littering and
other crimes related to "broken windows" Serve as educator in schools, community groups,
business organizations Participate in litter clean up events and monitoring litter
sites Bring litter violations to attention of media and elected
officials Provide feedback to promote improvements in waste
management services
50
2-30

Code Enforcement Officers
Often first line of defense Can issue warnings and citations for local ordinance
violations and violations of the GA Litter Act Do not need a search warrant, but must be careful
as they are generally not authorized to investigate crimes Alert law enforcement officers to investigate criminal offenses Monitor litter sites to deter reoccurrence
51
Public and the Media
Serve as watchdogs on crime and government's response
Media and community groups can help build pubic awareness
Assist with clean up and ongoing monitoring of sites
52
2-31

Summary
Litter costs you, and everyone else Litter enforcement is serious business There is plenty of law just need to use it For each successful conviction, hundreds of litterers
go undetected Litter abatement takes a collective effort Enforcement is one component of a three-pronged
strategy education and eradication are equally as important Local action is critical to success
53
Next Steps
Training opportunities Resource materials Statewide marketing campaign Clean Community Challenge
54
2-32

Questions and Comments?
Credits
Resources used in developing this presentation:
Presentation materials developed by John H. Ockels, Ph.D.; Texoma Council of Governments on behalf of Keep Texas Beautiful
EPA Illegal Dumping Prevention Guidebook, 1998 Keep America Beautiful Web site materials Presentation materials developed by RFC Robert
Peacock, GA DNR Law Enforcement
56
2-33

Presentation Module on Environmental Courts
Training for Elected Officials, Judges and Prosecutors
Environmental Courts Why Traditional Courts May Not Be Effective
Judges, attorneys, clerks, hearing many different types of cases
Do not have opportunity to develop expertise in environmental cases
Environmental cases may seem insignificant Focus is on penalties not compliance Penalties often minor and ineffective Code enforcement officers can develop low
morale
58
2-34

Environmental Courts
Types of Infractions Handled Litter Illegal dumping Property neglect Abandoned vehicles Graffiti
59

Environmental Courts
Highlights

Dedicated judge, prosecutors Focus on compliance, not
penalties Often incorporate community
policing May have "pre-citation"
tickets that bypass the judicial system

Photo: Shelby County, TN

60

2-35

Environmental Courts
Benefits Judges/attorneys can focus on environmental issues in proper context Saves inspectors' time Cases can be heard more expeditiously leading to more timely remediation Code/police officers supported by system
61
Environmental Courts
Results Improved compliance Reduced violations Improved relationships among code officers, judges, and attorneys Increased public awareness about environmental issues
62
2-36

Environmental Courts
Steps to Establish Determine if "quality-of-life" code enforcement could benefit community Gather facts
Who enforces such ordinances? Is current enforcement inadequate? How many cases heard each year? Are cases taken seriously? Are penalties stiff enough? Possible to staff with dedicated judge,
attorneys?
63
Environmental Courts
Steps to Establish (Continued)
Involve stakeholders
Public Civic organizations Agencies/departments Mayor Presiding judge Council/board
Hold informational meeting Visit environmental court
elsewhere
64
2-37

Environmental Courts
Steps to Establish (Continued) Define system:
Determine jurisdictions to be served Revisit/write ordinances and legislation begin
approval process Develop court guidelines and formal procedures Develop budget Establish system for channeling cases to court Identify judge Provide training
65
Environmental Courts
Steps to Establish (Continued)
Keep those involved informed:
Convene periodic meetings to share information
Hold training sessions for enforcement officers
Share other information, such as KAB, American Bar Association, etc.
66
2-38

Environmental Courts
Steps to Establish (Continued) Keep the public informed
Involve the media Conduct outreach/education campaign
Track results
Number of cases filed Time between filing and action Attitude and behavior changes Cases dismissed due to compliance
67
Presentation Module on Investigating a Litter Crime Scene
For Georgia Law Enforcement Officers
2-39

How to Investigate a Litter Crime Scene

Field Supplies Needed:

Vehicle

Bug spray

Radio/phone Safety vest Footwear/waders Gloves

Flashlight Binoculars Digital camera Measurement tools

Long-sleeved shirt Long-legged pants Dust mask Snake chaps Eye protection

Evidence bags Pad and pen First aid kit Hand sanitizer Water bottle (squirt top)

69

How to Investigate a Litter Crime Scene
Investigation Steps
Park car safely Don proper safety gear Note potential safety hazards Call for assistance if needed Take photos, preserve evidence Note type(s) and amount (weight
and volume) of each type of waste
70
2-40

How to Investigate a Litter Crime Scene
Investigation Steps (Continued)
Note any indications of individual or company responsible for crime, preserving crime scene
Preserve crime scene/evidence Note proximity to stream, wetland, or other
environmentally sensitive area Try to obtain coordinates of site using GPS or GIS
technology Take your time and investigate thoroughly
71
How to Investigate a Litter Crime Scene
Safety Tips
Use caution with hazardous or potentially hazardous substances
If necessary, ask for assistance from HAZMAT or other department
If accident occurs, suspend investigation
Decontaminate shoes before going inside
Sanitize hands after field investigation
72
2-41

Regarding Toxics in Litter
Most important thing to do: Deal with the substance and safety of officers and the public before solving the crime!
73
How to Investigate a Litter Crime Scene Other Tips
Develop/maintain good rapport with other departments
Follow up on tips from the public Consider using aircraft Consider seeking assistance from your local
Conservation Ranger Work cooperatively with court system
74
2-42

3. Key Litter Facts

Key Facts about Litter and Litter Abatement
Education
Litter is misplaced, abandoned, or discarded waste. Litter impacts our quality of life: destroying the state's natural beauty, harming or killing
wildlife, diminishing water quality, causing increased cost to treat it for public consumption, and is a contributing factor to several motorist deaths a year.
Cigarette butts are litter. The most commonly littered items found during roadside cleanups are fast food wrappers,
cigarette butts, and aluminum cans.
Georgia market research has shown that the most likely person to litter, regardless of race,
income, and education level is a male between the ages of 18-25.
Littered neighborhoods can result in property values being lowered by as much as 15 percent.
Eradication
The Georgia Department of Transportation annually removes litter from 1,245 interstate miles
and 18,000 state route miles and Cities and Counties are responsible for litter cleanup along 96,818 miles of local roads or 84% of the total road miles in the state.
In 2006, the Georgia Department of Transportation spent almost $14 million to pick up litter on
state highways alone this does not include local government, nonprofit, and corporate cleanup efforts.
Nearly 400 organizations participated in the April 2006 Great American Cleanup activities
picking up almost 4 million lbs of litter and debris. An estimated 270,000 volunteer hours, the equivalent of 130 full-time workers, were devoted to cleaning up litter.
Local governments and various other community partners conducted litter reduction activities in
85% of Georgia's counties in 2006.
Litterers feel free to litter when they see someone has littered before them . . . like in vacant lot,
rural dirt road, or at the end of a dead end street.
Litter prevention is more than clean up activities -- 8 out of 10 Georgians feel someone else will
pick up the litter they throw out of a vehicle.
Enforcement
Littering is a crime anyone caught littering in Georgia can be ordered to pay a fine up to $1,000
or more for serious littering violation. Convicted litterers can also be ordered to clean up a littered area in a community.
Littered neighborhoods can result in property values being lowered by as much as 15% and often
lead to more serious crimes.
Georgia's litter laws can be enforced on both public and private property. Public perception is "I won't get caught" and if "I do," prosecutors and judges don't consider
littering a serious crime and will not prosecute or enforce a littering citation.
3-1

Key Facts about Litter and Litter Abatement
Anything leaving a vehicle1 and falling on the roadside is litter the driver of the vehicle is
guilty of a misdemeanor.
Municipal, Probate, Magistrate, State, and Superior Courts have jurisdiction over littering
citations.
Successful litter prevention programs are the result of bringing civic organizations, local
government officials (including enforcement personnel) and businesses together to identify the issues and implement solutions.
1Does not apply to organic debris resulting from the transportation of agricultural or farm products from farm or forest to a processing plant or point of sale or use.
3-2

4. Summary of Georgia Litter Abatement Act

GA Comprehensive Litter Prevention and Abatement Act of 2006
This Act brings into one place over two dozen different articles related to litter prevention and abatement. It amends Parts 2 and 3 of Article 2 of O.C.G.A. Chapter 16-7 and O.C.G.A. Sections 12-8-22, 12-8-31, 12-8-62, 12-8-92, 17-6-9, 32-6-51, and 40-6-249; enacts O.C.G.A. Sections 15-9-30.7, 15-10-2.1, 17-7-73, 36-32-10.3, and 40-6-248.1 and Part 3A of Article 2 of O.C.G.A. Chapter 16-7; and reserves O.C.G.A. Sections 21-2-3 and 32-6-21. The Act broadens the definition of litter, creates a new definition for large quantities or particularly nasty litter, makes some littering offenses felonies, holds drivers responsible for litter leaving vehicles, expands jurisdiction of courts to provide more opportunity to have these cases tried, and strengthens punishment.
What is Litter?
The definition of litter has been expanded in Georgia's new litter law. It includes any discarded or abandoned items, specifically identifying:
Refuse, rubbish, or other waste material; Dead animals that are not subject to other provisions of the Georgia code The law defines a new category of litter referred to as "egregious litter" which is large quantities of or particularly nasty litter.
What Exactly is Illegal?
It is unlawful to "dump, deposit, throw, or leave or cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in the state, unless:"
The area is designated for disposal of litter by the jurisdiction and the person is authorized to use this area; or
The litter is placed into a receptacle provide by the property owner or tenant for the disposal of litter; or
The person is the owner or tenant or has gotten permission of the owner or tenant and is in a manner consistent with the public welfare.
16-7-43(a)
In addition, the Act creates a new category of litter called egregious litter, which is defined as: Litter that exceeds 10 pounds in weight or 15 cubic feet in volume; or Any amount of biomedical waste, hazardous waste, or hazardous substance; or Any amount dumped for commercial purposes. 16-7-51 (4)
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It is unlawful to intentionally dump egregious litter (unless authorized to do so by law or permit) on any public highway, road, street, alley, thoroughfare, or other public land, in or on any freshwater or tidal or coastal water of the state, or on any private property unless consent of the owner has been given and there is no adverse effect on the public health. 16-7-52 There are other illegal acts related to posting posters, signs, or advertisements on public or private property unless authorized by owner; operating a vehicle on a public road that is not covered so as to prevent litter; erecting signs, signals, or devices on roadside or public right of way.
What Are the Potential Penalties?
Each type of violation comes with its own potential penalty. These penalties are summarized in the Table below. In addition to the penalties listed in the Table, with regard to egregious litter, the court may order the violator to:
Remove or render harmless any egregious litter; Repair or restore property damages or pay damages resulting from dumping; Perform public service related to the removal or illegally dumped egregious litter or
restoration of an area polluted by such substance. 16-7-53 (d)
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Violations and Penalties of Georgia's Comprehensive Litter Prevention and Abatement Act of 2006

Violation

Penalty

Littering of less than 10 pounds and 15 cubic feet
Littering of more than 10 but less than 500 pounds and more than 15 but less than 100 cubic feet that is not biomedical waste, hazardous waste, or a hazardous substance and is not commercially dumped (1) First offense of littering more than 500 pounds or 100 cubic feet that is not biomedical waste, hazardous waste, or a hazardous substance and is not commercially dumped (1)

Misdemeanor
Up to $1,000 fine or 12 months in prison May be directed to pick up litter from roadside or other public property May be directed to be up litter on private property where violation
occurred (with permission of owner)
Name may be published
Misdemeanor of a high and aggravated nature
Up to $5,000 fine or up to 12 months in prison. Court to publish a notice of conviction
Misdemeanor of a high and aggravated nature
Up to $5,000 fine or up to 12 months in prison. Court to publish notice of a conviction.

Second or subsequent offense of littering more than 500 pounds or 100 cubic feet that is not biomedical waste, hazardous waste, or a hazardous substance and is not commercially dumped(1)
Littering any amount of biomedical waste, hazardous waste, or a hazardous substance (1)
Littering any amount commercially dumped waste (1)
Placing poster, sign, or advertisement on public property without permission of owner (3)

Felony
Fine of up to $25,000, prison term of up to five years (term exceeding
two years shall be probated upon payment of fine) both
Court to publish a notice of conviction
Felony
Fine of up to $25,000, prison term of up to five years (term exceeding
two years shall be probated upon payment of fine) both
Court to publish a notice of conviction
Felony
Fine of up to $25,000, prison term of up to five years (term exceeding
two years shall be probated upon payment of fine) both
Court to publish a notice of conviction
Misdemeanor
Up to $1,000 fine or 12 months in prison Sign, etc. declared public nuisance and can be removed May be directed to pick up litter Name may be published

Code Section 16-7-43 (b) and (c)
16-7-53 (a) and (e)(1)
16-7-53 (b) and (e)(1)
16-7-53 (b) and (e)(1)
16-7-53 (c) and (e)(1)
16-7-53 (c)and (e)(1)
16-7-58(1)

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Violation

Penalty

Placing poster, sign, or advertisement on private property without permission of owner(3)
Placing poster, sign, or advertisement on commercial or industrial property if placement conflicts with zoning laws or ordinances(3)
Erecting, placing, or maintaining sign, signal, or other device in dedicated right of way of public road (unless provided for in local ordinance) (3)
Erecting, placing, or maintaining unauthorized sign, signal, or other device in place or position visible from any public road (unless provided for in local ordinance) that distracts driver, obstructs view, etc. (3)
Driving or moving vehicle on pubic road if vehicle is not constructed, loaded or covered to prevent load from dropping, escaping or shifting in a manner to create a safety hazard or deposit litter on public or private property while on public road. Operating or loading for operation on any public road a vehicle with any load unless load and covering is securely fastened to prevent covering or load from becoming a hazard or depositing litter on public or private property while on public road. (1)Each day a continuing violation occurs constitutes a separate violation. (2) Within right of way of public roads governed by 32-6-51 (3) Each poster, sign, or advertisement a separate offense.

Misdemeanor
Up to $1,000 fine or 12 months in prison May be directed to pick up litter Name may be published
Misdemeanor
Up to $1,000 fine or 12 months in prison May be directed to pick up litter Name may be published
Misdemeanor
Up to $1,000 fine or 12 months in prison Sign, etc. declared public nuisance and can be removed at violator's
expense
May be directed to pick up litter from roadside, other public property May be directed to be up litter of private property where violation
occurred (with permission of owner
Name may be published
Misdemeanor
Up to $1,000 fine or 12 months in prison Sign, etc. declared public nuisance and can be removed at violator's
expense
Misdemeanor
Up to $1,000 fine or 12 months in prison
Misdemeanor
Up to $1,000 fine or 12 months in prison

Code Section 16-7-58(2)
16-7-58(3)
32-6-51 (a)and (e)
32-6-51 (b)
40-6-248.1 (a) 40-6-248.1 (b)

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Who Can Enforce?
All law enforcement agencies, officers, and officials of the state or any political subdivision or any enforcement agency, officer, or any official of any commission or authority of the state or any political subdivision can enforce compliance. Any of these entities can appoint any person to enforce the provisions of this code section who is a U.S. citizen of good moral character that has not previously been convicted of a felony. 16-7-43 (d) and 16-7-45
New provisions in the Act allow probate, magistrate, and municipal courts to hear cases punishable for its violation as a misdemeanor. 15-9-30.7, 15-10-2.1, and 36-32-10.3
What Other Provisions Address Litter Coming From a Vehicle?
When litter comes from a motor vehicle, it may be assumed that the operator is responsible 16-7-44 (a)

"The legislature has empowered a wide range of local officials and officers to enforce the Comprehensive Litter Prevention and Abatement Act. The importance of enforcement action at the local level cannot be stressed enough."
- Randy Hartmann, Director, DCA Office of
Environmental Management

If the violation is for egregious littering, then the arresting law enforcement agency may impound the vehicle. 16-7-53.1
Vehicles should be constructed, covered, or loaded to prevent littering on public or private property. Any person violating this code shall be guilty of a misdemeanor. 40-6-248.1
Although not part of the Litter Act of 2006, Section 40-6-276 requires that the driver of wrecker truck towing away any vehicle from the scene of a wreck take away all parts belonging to the vehicle that he is towing, or, if they consist of small parts or broken glass, the driver shall clear the streets of said small parts or glass, unless the driver is ordered not to do so by the investigating police officer due to circumstances at the scene of the accident.

What If No One Actually Sees Who Littered?
When litter is found that contains a name indicating that it belongs to a particular person, it may be assumed that that person has littered. 16-7-44 (b)

How Does This Act Impact Local Authority With Regard To Littering?
Local governments can adopt and enforce their own ordinances to regulate and control litter. 16-7-48

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What Is Roadside Littering?
Roadside littering generally results from individuals doing one of the following:
Intentionally tossing trash from a vehicle; Tossing trash while walking or biking; Unintentional littering due to improperly secured loads in truck beds; and Unintentional littering due to improperly covered trash cans.
Litter often consists of food wrappers, drink containers, cigarette butts, or, in the case of the unintentional littering mentioned above, construction debris and regular household trash.
Why Is It Important To Enforce Roadside Littering Ordinances?
Roadside littering may seem like a relatively unimportant issue as the large-scale illegal dump sites seem to be more egregious and blatant violations. However, according to the "Broken Windows" philosophy, the accumulation of litter can prompt a downward spiral in the community by lowering community pride and creating an environment that attracts more serious criminal behavior. It is more challenging to catch and prosecute roadside litterers, as they often refrain from littering in the presence of an enforcement officer. Therefore, for every citation that is issued for littering, there are hundreds of other littering incidents that are not caught or effectively prosecuted. Hence it is extremely important to issue citations, or pre-citation tickets, for roadside littering whenever possible. This sends the message that enforcement officers and the community at large take litter ordinances seriously, and are willing to act to protect citizens' rights to a clean environment. In addition, ignoring littering violations sends the message to litterers as well as onlookers that littering is an acceptable behavior.
Another important reason for issuing litter citations or warnings for littering incidents is that doing so provides law enforcement officers with the opportunity to interact directly with violators, inspecting drivers' licenses and vehicle registrations, for example, and to keep an eye out for other potential criminal violations.
Lastly, stopping litter violators can also provide enforcement officers with the opportunity to educate drivers and their passengers about properly securing loads when hauling items in truck beds. "Keep it in Your Bed Secure Your Load" brochures are available for officer use. To receive copies of this brochure, contact the Department of Community Affairs Office of Environmental Management. The brochure can be downloaded from the following web site: www.dca.state.ga.us/development/EnvironmentalManagement/publications/pickupbrochure.pdf
The full text of Georgia Code is available at the following web site: http://www.legis.ga.gov/legis/GaCode/
House Bill 1320, as passed, is available in Appendix A of this report, or at the following web site: http://www.legis.ga.gov/legis/2005_06/versions/hb1320_HB_1320_AP_13.htm
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5. "Keep it in Your Bed" Brochure

The "Keep it in Your Bed" brochure can be downloaded from the following web site: http://www.dca.state.ga.us/development/EnvironmentalManagement/publications/pickupbrochure.pdf
To order reprints, please email Joe Dunlop at recycle@dca.state.ga.us, or call 404-679-4940.

Georgia Department of Community Affairs Office of Environmental Management 60 Executive Park South, NE Atlanta, GA 30329-2231 404-679-4940 www.dca.state.ga.us
Printed on recycled paper

Tarp It, or Get Ticketed!
Careless drivers could wind up picking up
their own litter... wearing an orange jump suit. Under Georgia's Litter Law anything leaving a vehicle, intentional or not, is litter and can result in a citation. An arresting officer may impound the vehicle if the item(s) littered exceed 10 pounds or 15 cubic feet and the driver can be fined up to $5,000 or spend up to 12 months in jail.
OCGA 40-6-248: No person shall operate any motor vehicle with a load on or in such vehicle unless the load... is adequately secured to prevent the dropping or shifting of the load onto the roadway. Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor.
When surveyed by Georgia DOT, 77% of Georgia motorists said they have seen something blow out of a vehicle onto the road.
Do Your Part... Secure Your Load

Georgia Department of Community Affairs
Keep it in Your Bed... Secure
Your Load
Georgia taxpayers spend millions of dollars every year to remove trash that blows from
truck beds. Transporting unsecured loads isn't just scandalous, it's illegal!

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Put a Lid on It!
Trucks carrying unsecured loads dump litter
onto the Peach State's roads every day. The Georgia Department of Transportation has spent $14 million in a single year picking up roadside litter and those costs continue to rise. We've all seen trash blowing from the back of garbage trucks, but private pickup truck owners are also partly to blame. Truck owners often use their truck beds as mobile garbage cans. Sure it's handy, but the trash doesn't always stay put. At highway speeds, with vehicles passing and bumpy roads, empty containers and other bits of trash easily become airborne and turn into litter. Weekend warriors hauling unsecured loads of construction debris and other items also contribute to our litter problem.
An unsecured item fell out of this truck at 70 mph....
Bounced once and hit the windshield of this car in the adjacent lane.
Driving with an unsecured load can destroy more than scenery. The Governor's Office of Highway Safety reports that roadway debris contributes to fatalities each year. Perhaps this is why officers reported that three out of four tickets they issue for unsecured loads are issued with motorist safety in mind.

Lock That Load!
All of us share a responsibility to Keep Georgia Beautiful. You may not intentionally litter, but if you're not securing the items in your pickup truck, they could easily become litter.
Take the time to secure your load.
Don't rely on the weight of items to keep them in your truck. Bumps, turns, and sudden stops can dislodge even heavy items like furniture, tools, and equipment.
Consider buying a cover if you don't often haul large bulky items in your truck. Not only do covers improve fuel economy and keep your goods dry, they keep material in the bed, keep thieves out, and look good doing it.
All trash or recyclables should be in sturdy bags and covered by a strong tarp or cargo netting. If you throw trash into your truck bed, secure a 5-gallon bucket with a lid in a corner of the bed, as a trash can.
It doesn't take much time, effort, or money to make sure your load
is properly secured.
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If You Throw It
Here,
You're Throwing It
Out There!
Commercial garbage and recycling haulers
aren't to blame for all of the trash that turns into litter. In fact, most in the industry say the small haulers, especially weekend warriors cleaning out the garage or hauling home remodeling debris share the responsibility. It doesn't take long to secure a tarp or cargo netting over a pickup truck bed. Tarps can be bought for under $20, including tie-downs, at most home improvement or automotive stores.

6. Summary of GA Statewide Visible Litter Survey

Summary of GA Statewide Visible Litter Survey
In June 2006, the Georgia Department of Community Affairs and Keep America Beautiful (KAB) contracted with R.W. Beck, Inc. to conduct a statewide visible litter survey in the State of Georgia. This project was part of the State's Litter Initiative to develop a strategy to prevent and abate litter in the State, which included passage of the Comprehensive Litter Prevention and Abatement Act in June 2006. The purpose of the Visual Litter Survey was to:
Characterize the types of litter in Georgia; Estimate the quantity of litter state-wide overall and by locale type; Determine the most likely sources of this litter; and Recommend next steps to effectively prevent and abate litter given the type, extent, and
likely sources of litter revealed in this survey. The results of this survey will serve as a baseline for determining the impact of litter prevention and abatement activities in the coming years. The State and local governments will continue an ongoing assessment of litter in the State in the future to determine the success of public education, enforcement, and eradication measures. To quantify litter, R.W. Beck, Inc. counted the number and type of litter items over 1 inch, at 96 sites throughout the State of Georgia. The sites were divided into eight different categories, based on roadway type, and were located in both urban and non-urban locales, on roadways, interstates, and in public areas. The data were then analyzed to determine the composition of litter, litter rates, littering trends, litter quantities, identification of problem areas, and comparisons of these data with other similar surveys where possible. A total of 5,347 items of litter were counted on the edge (three feet inward) of roadsides in Georgia during this survey. When a wider area (typically 15 feet from the roadside) was sampled to determine the composition of the litter found, a total of 16,520 items were found. To measure the visual impact of litter, these data were analyzed to determine where people were most likely to see litter, a factor not only of how much litter was found in these locales but also the number of vehicles and pedestrians passing by and the speed at which they traveled. Taking this all into consideration, nearly one-third of the litter exposure in Georgia is likely to happen on urban freeways, as shown in Figure 1. This is a factor of the amount of litter in these locales (there were more litter items per mile in these locales than anywhere else) and a factor of the number of vehicles on these roads. Another 30 percent of the litter exposure in Georgia is likely to happen on residential roads, even though the number of litter items per mile in these areas was low. People walking and traveling these roads are more likely to see the litter that is present in these areas because of the slow speed at which they are traveling. These results suggest there are multiple factors to consider when determining where litter is the most significant issue.
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Summary of GA Statewide Visible Litter Survey
Figure 1 Exposure to Litter

Percent of Time Exposed to Litter By Locale

30%

26.7%

26.8%

25%

20%
15% 1 0 % 7.1%

12.0%

5%

0.7%

17.1%
7.0% 2.6%

0% Rural Freeways/TOotllhReroRadusral State HRwuyraslULrobcaanlFRroeaedwsaysV/aTcoallnRt,oIanddsustrial StrCeoemtsmerciaPl uSbtrleicetFsacility StRreeestisdential Streets
Locale Type

R.W. Beck also quantified the composition of litter found in the visual litter survey. Table 1 shows that plastic scraps comprised 22.3 percent of the items identified while paper scraps comprised 18.6 percent of the items found. Snack food packaging and vehicle debris and packaging were the third and fourth most abundant materials found, both at slightly over 9 percent of the items found.
To determine the source of litter, each of these items were categorized as either deliberately littered (convenience-type products such as fast food and snack wrappers) or passively littered (non-convenience products such as advertising circulars, vehicle debris and construction waste). Table 1 shows that passive litter comprised 66.3 percent of litter in Georgia, the highest percentage of any such study done to date. Typical sources of passive litter include construction sites, improperly maintained trash receptacles, recycling and trash vehicles, tire retread shells, untarped pickup trucks and remains of vehicle accidents.
Although deliberate litter was found to comprise only 33.7 percent, two of the major components were also significant portions of litter: fast food packaging (9.4 percent) and cups/lids/straws (6.7 percent). Beer and soft drink containers comprised 3.4 percent, while other beverage containers (juice, liquor, new age beverages, sports drinks, tea, water, wine, etc.) comprised 1.0 percent, some of the lowest such numbers for beverage containers found in such studies.

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Summary of GA Statewide Visible Litter Survey

Table 1 Composition of Litter

Category

Percent

Beer and soft drink containers Juice, wine, liquor, water containers Bottle caps and seals Pull tabs Beverage carriers and cartons Cups, lids, straws Snack food packaging (candy, gum, etc.) Take-out food packaging Cigarette packs, lighters, matches Napkins, bags, tissues Toiletries, toys, drugs Deliberate Newspapers, magazines, books Advertising signs and cards Home food packaging (TV dinners, etc.) Vehicle debris and packaging Construction and demolition debris Miscellaneous paper Miscellaneous plastic Miscellaneous metal and foil Miscellaneous glass and ceramics Wood and yard debris Other (carpet, fabric) Passive Total

3.4% 1.0% 2.1% 0.4% 0.3% 6.7% 9.4% 3.0% 2.0% 4.6% 0.8% 33.7% 1.1% 0.6% 0.1% 9.1% 1.3% 18.6% 22.3% 8.2% 1.5% 1.7% 1.7% 66.3% 100.0%

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Summary of GA Statewide Visible Litter Survey
Some of the other major findings of the Visual Litter Survey were: Overall, urban and rural freeways were most littered of all roadway types, due, in no small part, to the high traffic levels. The high levels of passive litter found on these particular roadway types suggests that improperly covered trucks may be a primary source of litter on these roadways. Mowed areas were generally more littered than non-mowed areas, suggesting that crews may consider cleaning an area before mowing. Failure to do so only aggravates the littering problem. Cigarette butts were not included in the base litter study because they did not meet the size threshold. However to understand their impact on litter, a separate count was performed in a small portion of each site. This sub-sorted count of cigarette butts yielded an estimate of 42,912 cigarette butts, more than eight times the amount of all other litter counted on roadway edges. Field staff also scored each site using Keep America Beautiful's Photometric Index. The 96 sites surveyed in Georgia averaged a 2.8 rating overall.1 While there is not a particular profile for passive litterers, past studies along with the work conducted in Georgia in 2006, suggest that the most persistent deliberate litterers are under twenty-five years of age, which concurs with a residents' survey recently conducted in Georgia.
Full results of this study will be made available at the following web site: http://www.litteritcostsyou.org
1 KAB has developed an approach to litter measurement known as a Photometric Index (PI). This approach focuses on a visual assessment of the community by selecting appropriate sites to be assessed, taking photographs of the sites and finally, scoring the sites using a four-point scale: 1 = "No Litter", 2 = "Slightly Littered", 3 = "Littered", 4 = "Extremely Littered"
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7. How to Investigate a Litter Crime Scene

How to Investigate a Litter Crime Scene
Investigation Safety1
Upon arriving at a crime scene, observe the area for potential safety hazards. Failure to do so could result in exposing yourself to minor injuries, lifelong sickness, or even death. Be prepared for the unexpected, and do not hurry the investigation.
1) Park your vehicle safely. 2) Use emergency lighting, especially during times of low light, bad visibility, or
inclement weather. 3) Wear your safety vest, preferably one with reflective material, especially when working
in high traffic areas, or in areas where hunters may be present.
Common hazards for an officer investigating a litter crime scene include:
Scrapes, cuts, and abrasions; Insect bites; Falls; Exposure to poisonous plants.
Threats less frequently encountered but are more serious in nature are:
Exposure to hazardous chemicals; Exposure to bacteria; and Puncture wounds from sharps or needles.
To protect yourself, have on hand the following safety equipment to be used as needed:
Cellular phone or two-way radio In the event you are injured and need to contact
someone for assistance;
Latex gloves for protection from infectious or biohazardous waste; Chemical resistant gloves should be worn over latex gloves, or at a minimum on the
hand in which you are searching through the garbage with;
Eye protection to prevent eye exposure to liquids wraparound type are preferable; Antiseptic wipes or lotion for cleaning hands after completing the investigation; First aid kit should be readily available in case of an accident; Filter mask should be readily available to prevent the inhalation of potential
respiratory hazardous material;
Bug spray worn to control and possibly prevent insect bites; 20-ounce bottle of water preferably with an easy-open squirt top to wash out eyes or
cuts;
1 Based on Information provided by Rodney Robertson, Code Enforcement Coordinator, Newton County, GA.
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How to Investigate a Litter Crime Scene
Proper Clothing
Long pants preferably a type that does not contain pieces that could become snagged or entangled in limbs or briars;
Long-sleeved shirt to protect you from cuts, scrapes, and bug bites, as well as plants that could irritate the skin;
Boots preferably those with a non-slip sole. High-topped boots may also help to prevent turned ankles on uneven surfaces.
Use the following safety procedures when investigating a litter/illegal dump crime scene: 1) Any material that bears a hazardous chemical label, or container that looks like it may contain chemicals, should be investigated with extreme caution. Never smell or taste the item to identify it. Try to identify the contents by copying information from the label, then suspending the investigation until a determination can be made regarding toxicity. 2) Any waste that contains red bags should be approached with extreme caution. Typically biomedical waste is disposed of in red bags or containers labeled as biohazard. 3) If you encounter a situation that you do not have expertise to handle, contact your fire department, HAZMAT or the GA Environmental Protection Division. 4) If an accident occurs, suspend your investigation and call for assistance, if needed. 5) Avoid touching the evidence after post-investigation cleanup. 6) Decontaminate your shoes before stepping indoors.
Investigational Tips2
Collecting Evidence
1) Preserve the crime scene; 2) Take many pictures; 3) Estimate the waste quantity, weights and volumes, as well as waste types; 4) Look for anything that you can tie back to an individual or company (such as address
labels, delivery or sales receipts, medicine bottles, etc.); 5) Note proximity to streams, wetlands, or other environmentally sensitive areas; 6) Try to obtain the coordinates of the site using GPS or GIS technology; 7) Take your time.
2 Based on presentation developed by RFC Robert Peacock, Georgia DNR
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How to Investigate a Litter Crime Scene
Other Investigation Tips
1) Develop and maintain a good rapport with other law enforcement agencies; they may be able to help you, and may arrive first or have additional resources/authority.
2) The general public may be your best source of general information but not always the most reliable so follow up on every complaint.
3) Consider using your local Conservation Ranger; 4) Focus your time on the problem areas you may have to sit and wait; 5) Consider using aircraft it allows you to see sites you may not be able to see from the
roads what you find in a few hours may keep you busy for months; 6) Work with your court system to ensure that environmental crimes are prosecuted.
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8. Litter Enforcement Case Studies

Implementing Community Policing Marietta, Georgia
Background
In 2000 the City of Marietta began implementing a community policing program. A Zone Management Team, led by a Commander from the Police Department, is responsible for each of the City's five zones. The Police Department subscribes to the "Broken Window Philosophy" having observed a strong link between neighborhoods that "look bad" (with litter, graffiti, broken windows, etc.) and those with high crime rates, they believe that it is imperative to resolve these types of neighborhood issues as quickly as possible, before others exacerbate the problem. Also, Commander David Lee notes that the police are not only there to "catch criminals," but also to ensure that residents have a good quality of life. While writing a ticket for a litter infraction may be a relatively dull task for a police officer, the philosophy of the Department is that residents have a right to a clean environment, and thus it is still an important infraction to pursue. The philosophy of the department supports officers' writing tickets for such "quality of life" issues.
Nuts and Bolts of Zone Management Teams
Zone Management Teams are generally comprised of: a Police Commander, one Police Lieutenant, two Police Sergeants, three uniform patrol officers (one from each shift), three additional officers (e.g., one from traffic unit, one from criminal intervention unit, and one from community outreach), City Code enforcement officers, and others, such as members of the Board of Lights and Water, depending on specific issues faced in that zone.
Commander Lee notes that while Keep Marietta Beautiful is not an "official member" of one or more Zone Management Team, KMB helps all zones tremendously by providing anti-litter information, volunteers, t-shirts, and other supplies for community clean-ups, and anti-graffiti outreach and education.
Zone Management Teams meet at public town hall meetings on a quarterly basis, discussing issues and potential solutions. On an ongoing basis, citizens and officers fill out Community Zone Action Forms (which are available on the City's web site) to inform the Commander of quality-of-life issues in their zone. The Commander for each zone is responsible for following up on each Zone Action Form, and is thus accountable for his zone.
Benefits of Community Policing
Community policing allows officers to develop relationships with individuals and to understand specific issues facing their zone. Furthermore, the philosophy of the Department supports officers in their quest to enhance citizens' quality of life. By establishing relationships with youngsters, particularly in some of the more distressed zones, the officers have noticed that youth are developing pride in their neighborhood, and encouraging others to keep the community clean. Since this program's inception in 2000, the crime rate has declined by 40 percent.

Contact:

Commander David Lee, MPD

(770) 794-5354

dlee@mariettaga.gov

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A Separate System for Ordinance Violations Hall County, Georgia

Background
In the early 1990's, environmental concerns became the incentive for Hall County residents and County staff to identify ways in which local laws could be used more effectively in order to protect the environment. The County is home of Lake Lanier, which is critical to the citizens' quality of life, and a strong economic contributor, as well as a source of water for the City of Atlanta. A sate-wide local government code enforcement group was formed by the State Environmental Protection Division to analyze how Counties and Cities could more effectively use their ordinances to protect the environment. The group arranged a trip to Memphis, TN in the early 1990's, where they were impressed with how Judge Potter's environmental court worked there. By 1996 County officials had decided that Memphis's system should be adopted in Hall County.

Benefits of a Separate System
The County thus began hearing and prosecuting County ordinance violations in a separate, parallel judicial system in the late 1990's. Anne Bishop was hired as an Assistant County Attorney, prosecuting strictly ordinance violations. A separate magistrate court judge was assigned to hear county ordinance violations exclusively--Judge Gene Roberts being the first such judge. Having a prosecutor focus on these cases not only ensures that they receive timely attention, as opposed to being lost in a sea of other "more serious" violations, but also provides the magistrate judge and the prosecutor with a broad array of information pertaining to offenders, such as the history of repeat offenders, excuses provided by violators, etc. Focusing on such cases has provided both the Assistant County Attorney and the Judge with the ability to understand what sentences are likely to be effective, and creative sentencing has ensued.

Creative Sentencing

Judge Roberts often found it beneficial to impose the maximum sentence, with the stipulation that the case would be reviewed in 30 or 60 days, with a credit to account for remediation efforts that had been undertaken at that time. Ms. Bishop finds it beneficial to tell the offender up-front that their sentence will be reduced the more quickly they remediate the site, thus providing the defendant with a strong incentive to clean the litter or illegal dump site on a timely basis. Violations of County ordinances carry a maximum sentence of $1,000 fine, 60 days in jail, and/or six months' probation. In the case of particularly egregious violations, the County can charge the offender with several violations, thus further deterring such behavior, or put its strong nuisance ordinance into effect, ordering the cleaning (or demolition) of a site at the expense of the property owner.

Results

The County has seen increased success in convincing violators to clean up illegal dump sites. In addition, there has been a decrease in littering cases, and there are fewer repeat offenders since the more effective use of citations for littering and dumping cases has sent a message into the community that the ordinances are being enforced.

Contact:

Commander David Lee, MPD

(770) 794-5354

dlee@mariettaga.gov

8-2

Streamlining Sanitation with SWEEP Allentown, Pennsylvania

Background
The City of Allentown, Pennsylvania, had been experiencing an increasing litter problem in its downtown commercial and government districts in the early 2000's. In fact, a 2003 citizen survey indicated that increased litter (tied with crime) was the "single most important issue that should be addressed by the city government." The City's Mayor formed a Task Force to look into potential solutions to the problem. The Task Force suggested that the City adopt Philadelphia's successful SWEEP program. The City improved many downtown cleanup programs, launched a "Don't Trash Allentown" education and outreach campaign, and improved litter enforcement. In 2005 the City began a pilot program called SWEEP. SWEEP (Solid Waste Education and Enforcement Program) aims to reduce litter and trash problems in the City of Allentown through improved enforcement and compliance with the City's revised trash, litter and recycling ordinances, as well as through education.

SWEEP Specifics
Previously, police officers in Allentown focused on issuing citations for littering and illegal dumping, and the health bureau for trash storage and set-out violations. Therefore, one site could involve several departments, with no one department or program having comprehensive authority. Similarly, the police department dealt with various types of crime, thus illegal dumping and littering issues did not always receive top priority within the Department. Furthermore, citations involved the judges in the process, which was often time-consuming and resulted in little or no punishment for littering offenders.
The SWEEP program provides a comprehensive tool for one department to cover all offenses for which a ticket could be written. The program began with the passage of the ordinance revisions in March 2005. The revisions allowed for the issuance of tickets (vs. citations) for certain City Code violations, and tightened the City's solid waste, littering, and recycling ordinance language, such that it was more clear, and strengthened the responsibility of property owners to keep their properties clean. The City is in the process of hiring their fifth SWEEP officer. These officers can issue tickets for all litter-type offenses, allowing police officers and health bureau sanitarians to focus on their other duties (though they can still issue tickets too). The tickets are "precitation" tickets, and therefore do not involve a judge, unless the tickets are unpaid, or there are egregious violations.

SWEEP Successes
By mid-2006 1,136 SWEEP tickets have been issued for 1,391 violations. SWEEP officers have written 93 percent of these tickets. The City has received $53,757 in ticket revenue since the June 2005 start-up of the program, and the SWEEP program has saved the District Magisterial Judges from hearing over 2,000 cases per year. Ann Saurman, Program Manger, stresses the importance of meeting with or sending information to judges to stress the importance of illegal dumping and littering issues.

Contact:

Commander David Lee, MPD

(770) 794-5354

dlee@mariettaga.gov

8-3

Tough Love for Litterers Dougherty County, Georgia
Introduction
In rural Dougherty County, Georgia, illegal dumping and littering is a serious problem. Judy Bowles, Executive Director of Keep Albany-Dougherty Beautiful, makes education and outreach about littering a top priority. Each year she conducts a six-week education blitz, using television and newspaper public service announcements, to educate citizens about littering and illegal dumping. Much to Judy's dismay, simply providing education and outreach and posting "Thank You for Not Littering" signs does not dissuade all citizens. So for the past six or so years, Ms. Bowles has fought back with a "tough love" strategy of her own.
Alerting the Press
When an illegal dump site is discovered by law enforcement officers, and the culprit is discovered, code enforcement disseminates that information to Ms. Bowles as soon as possible. In turn, she quickly calls the local newspaper and two television stations and meets them at the dump site to stage a not-so-glamorous media moment. She announces, on air, standing amidst the pile of litter, the apparent offender's name, the potential court date, and potential fines. This approach is a win-win for the community the media is provided with an interesting story, additional education regarding littering is provided (free of charge), and future offenders are deterred via humiliation and embarrassment. Another issue that has been plaguing Dougherty County is yard sale signs that people are eager to put up, but never remove. The County posted small signs on public posts, indicating that it is illegal to put up yard sale signs, and the crime is punishable by a fine of $365 per sign. One woman, however, placed her yard sale sign squarely under the warning. For this offense, Ms. Bowles invited the media to the offenders' home for an on-the-spot interview. Ms. Bowles indicates that, in the six to seven years she has been taking this approach (with 20 or so media spots), the media has never once failed to show up.
A Jaunt for Judges
Ms. Bowles had been disappointed in the past with judges' sentencing for littering crimes. She found that judges often gave unsuitably small sentences--mere "slaps on the wrist", for a crime that negatively impacts the whole community. She sensed that judges and others simply weren't aware of the severity of the problem, or could even visualize what an illegal dump site was. Thus, Ms. Bowles involved the media again, on a bus tour she arranged for judges, City department heads, and the City manager, to see four illegal dump sites. This created an opportunity to educate the attendees and to show them firsthand how these issues impacts the community. It also provided them with an immediate, public forum to state their resolve to stop such crimes. The result, according to Ms. Bowles, was markedly stiffer sentencing for litterers and illegal dumpers.

Contact:

Commander David Lee, MPD

(770) 794-5354

8-4

dlee@mariettaga.gov

Making the Most of Traffic Checks Milledgeville DOT Area, Georgia

Background
Bryan Haines, of the Milledgeville, GA Area DOT Office, felt like he was fighting an uphill battle as he sent out litter cleanup crews in response to phone calls about roadside litter, only to have the person that had filed the complaint call back three days later, wondering why the mess hadn't been cleaned up yet. Haines realized that it was important to clean up roadside litter, but also wanted to take a more pro-active approach to preventing the littering in the first place. Believing that much of the trash along the roadside was due to unsecured litter in trucks, he decided to take action. Haines contacted law enforcement officials in the local areas (Baldwin, Jasper, Putnam and Wilkinson counties), including state troopers, local sheriffs' offices, DNR Game and Wildlife Division, City of Milledgeville, and even some college campus law enforcement officers. Together, they organized vehicle check stops, which they have been doing about twice each year since 2001.

Implementing a Win-Win Program
Despite initial skepticism of other agencies and the fact that it was time-consuming getting everyone onboard, eventually the program came together. While one agency would have a difficult time justifying all of the resources required to conduct the traffic checks, each entity could provide an officer or two. Traffic vehicle check stops are targeted for roads leading to local trash convenience centers. All vehicles are briefly pulled over for inspection. Officers try to keep the interaction positive, starting by explaining what they are doing, and giving the driver a free Georgia road map. The DOT stresses that the main goal is to inform residents of laws and provide them with a DCA brochure about securing loads (Keep it in Your Bed pamphlet). In addition law officers perform the typical checks for valid drivers' licenses and vehicle registration and insurance and, as necessary, drug and alcohol inspections. GA DMV inspections officers have been present at some inspections, and they have been able to educate some commercial haulers regarding violations as well. Typically four or five stations are set up in an area for one to two hours. During this time about 500 to 700 pickup trucks are inspected 70 to 80 percent of which have unsecured loads. Sometimes citations are issued for this violation, but in general the DOT wishes to simply educate the drivers. Often they indicate that they "had never thought about it."

Results

Haines says that when inspections take place, the resulting chatter at local coffee shops is better than advertising. Also, several felons have been arrested as a result of the program, and drug and DUI citations made. Such activity has also put the issue of unsecured loads on the radar screen for enforcement officers; one unsecured load in Baldwin County turned out to be a large quantity of drugs, resulting in a large drug bust. The different agencies now enjoy working together and learn a great deal from each other. Haines partners with the Department of Pardons and Parole for cleanups, as parolees do not require paid guards (saving DOT $34,000 per year per crew). Roadside cleaning can be used as an intermediate sanction for parolees, and helps parolees develop a work ethic.

Contact:

Commander David Lee, MPD

(770) 794-5354

8-5

dlee@mariettaga.gov

9. Establishing Environmental Courts

Establishing Environmental Courts
Need for Environmental Courts
Traditionally, local governments have addressed environmentally destructive behavior, such as littering, graffiti, and illegal dumping, using code enforcement and penalty systems of the same courts that address more-dangerous criminal infractions. This system left judges and prosecutors with little familiarity concerning environmental cases and inadequate time to devote to such infractions. The bottom line is that environmental cases have been viewed as insignificant by many, resulting in little enforcement, thus little incentive for the public to obey environmental codes. Enforcement officers, similarly, were often left with low morale, as their efforts seemed to be unsupported by the judicial system. In certain communities, environmental courts have been created as a more effective alternative.
Highlights of Environmental Courts
Growing in popularity, particularly in Southern states, environmental courts hear strictly violations that impact safety, sanitation, and quality-of-life issues such as:
Littering; Illegal dumping; Neglected properties; Abandoned vehicles; and Graffiti.
Environmental courts often have a dedicated judge and prosecutor (as exists in Hall County, Georgia). This allows them to develop expertise regarding such crimes, the factors that lead to them, and the enforcement tools that lead to compliance. Continuity is often helpful in adjudicating significant and often complicated cases.
Environmental courts generally focus on developing compliance, rather than penalties. They may also involve issuing tickets, rather than citations (such as in Allentown, PA), so that judges are not involved except in the case of egregious and repeat violations.
Environmental court systems often include a community policing attitude. Judge Potter of Memphis, for example, frequently visited infraction sites, giving residents an opportunity to see their government in action. He is currently working to create the nation's first community-based environmental court, where the court would sit in different areas of Memphis to hear cases that originate in those areas, with immediate input from the surrounding neighborhoods. The City of Marietta, Georgia, has divided the City into zones, such that each Commander can develop expertise regarding the issues in the zone, as well as relationships with leaders and citizens-atlarge holding town hall meetings within each zone on a quarterly basis.
Benefits of Environmental Courts
Memphis and Shelby County, TN developed the nation's third environmental court system in 1983, having been inspired by Judge Jester's environmental court in Indianapolis, Indiana. Judge Larry Potter of Memphis's Municipal Court began hearing environmental cases on Friday afternoons. Thus the Court did not involve new resources it simply organized them differently.
9-1

Establishing Environmental Courts
The benefits of Memphis's environmental court became apparent in little time and include the following:
1) The judge specializes in environmental laws and regulations, focusing on the seriousness of an offense in its proper context;
2) Inspectors no longer have to wait in court while other "non-environmental" cases are heard thus their productivity (and morale) are improved;
3) The judge's decisions give the code enforcement agencies the ability to fashion their cases in an appropriate manner, since the court developed its own set of binding precedents;
4) Cases are heard in a more expeditious manner thus compliance efforts can be made more quickly thereby spurring a renewed spirit of cooperation among civic and political leaders and citizens; and
5) Police officers writing citations for environmental violations are supported fully by department officials.
The above benefits, combined, result in a system that has more-immediate consequences for environmental infractions (and more-immediate benefits for their remediation). In sum, environmental courts:
Improve compliance; Reduce ordinance violations; and Improve relationships among law enforcement, court clerks and judges, and code
inspectors; and
Raise public awareness about environmental ordinances.
Steps for Establishing Environmental Courts
To set up an environmental court in your city:
1) Determine whether the enforcement of quality-of-life ordinances could help clean up the community.
2) Gather the facts for example:
Which local agencies enforce violations of interest to an environmental court?
(Examples: building, fire, safety, public health, housing, solid waste, and environmental codes.)
Is there currently inadequate enforcement of violations? How many cases are heard annually and how many could be prosecuted by an
environmental court?
Do enforcement agencies take violations seriously? Would it be feasible to establish a court specifically designated for environmental
matters staffed by a non-rotating judge or a specialized docket of the general jurisdiction court?
Are penalties/fines stiff enough to deter violators? Are judges and prosecutors supportive of enforcing environmental codes?
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Establishing Environmental Courts
3) Involve people:
Develop a list of contacts at all agencies, departments, civic organizations and
court that would be involved in the court's formation. Include the mayor, council members, presiding judge, administrative clerk of the court, city or county attorney, county board, and other influential community leaders.
Hold an informational meeting to explain the concept and gain consensus on the
need for the court. Consider showing KAB's environmental court video.
Identify where the nearest environmental court is, and send a representative from
the group to observe the court in action. (KAB has a list of affiliate communities with environmental courts).
4) Define the Court and system, planning systematically, for example:
What jurisdictions will be involved? Do ordinances need to be revised to strengthen enforcement, penalties, or change
jurisdictions?
Set the Court's guidelines. Develop the Court's method for formal organization and steps for filing all
documentation.
Determine budgetary considerations are additional personnel needed? At what
cost?
Write legislation and ordinances, as needed and seek passage by the governing
body of the jurisdiction served by the Court.
Determine guidelines for sanctions (e.g. fines, community service, jail time). Establish a system for channeling cases to the environmental court. Identify a judge to try the cases. Provide training for everyone involved with the new court (including Court
reporter, clerk and attorneys).
5) Keep everyone involved informed
Hold periodic meetings of the organizing group to gather and distribute
information about the Court's activities.
Encourage the Court to conduct training sessions for agency inspectors on how to
prepare stronger cases for prosecution.
Provide the Court judge with information about KAB and the American Bar
Association's network of environmental court judges.
6) Keep the public informed:
Involve the media; hold a press conference to announce the Court's formation; let
the public know that your community takes environmental code infractions seriously.
Conduct a public awareness program to educate citizens about the Court.
Emphasize its major function is to change attitudes about waste handling and environmental or health concerns versus levying fines or penalties.
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Establishing Environmental Courts
7) Track results how much has compliance improved? Monitor the number of cases filed, the time between filing and action, cases dismissed due to compliance, and attitude and behavior changes.
Establishing an environmental court system can be an effective enforcement strategy that can improve prosecution and trial effectiveness for littering and other environmental law violations.
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10. Enforcement Officer Toolkit

Georgia Litter Violations and Penalities

Type of Litter Not Biomedical, Not Hazardous, Not Commercially Dumped

Biomedical/ Hazardous

Commercially Dumped

<10 lbs or <15 ft3

10-500 lbs or 15-100 ft3 [1]

>500 lbs or >100 ft3 [1]

Any Amount [1]

Any Amount [1]

1st

2nd

Offense Offense

Felony 16-7-53 (c) and (e) (1)

Misdemeanor 16-7- 43 (b) (c)

Misdemeanor of High and Aggravated Nature 16-7-53 (a) (b) and (e) (1)

Up to $1,000 fine;
up to 12 months in prison. [2]

Fine up to $5,000, prison term of up to 12 months, or both.
May be directed to pick up litter. Name may be
published. [2]

Felony 16-7-53 (b) and (e) (1)
Fine up to $25,000, prison term of up to 5 years, or both,
provided however that the portion of any term of
imprisonment exceeding two years shall be probated conditioned upon payment
of fine. Court to publish notice of conviction. [2]

[1] Defined as Egregious litter. [2] Separate violations should be cited for each day of a continuing violation.
10-1

Public Property/ No Owner Permission

Georgia Litter Violations and Penalities


Poster, Sign, Advertisment, Signal or Other Device Placement*

Private Property/No Owner Permission

Commercial or Industrial Property/Zoning Conflict

Public Road (Right of Way)

Public Road (Visible)/Distraction

Misdemeanor 16-7-58 (1)

Misdemeanor 16-7-58 (2)

Misdemeanor 16-7-58 (3)

Misdemeanor 32-6-51

Misdemeanor 32-6-51 (b)

Fine up to $1,000, prison term of up to 12 months, or both. Sign, etc. declared public nuisance, and can be removed. Person placing
sign may be directed to pick up litter.
Name may be published.

Fine up to $1,000, prison term of up to 12 months, or both. Person placing sign may be directed to pick up litter. Name may be published.

*For all violations, each posting constitutes a separate offense.

Vehicle Violations

Fine up to $1,000, prison term of up to 12 months, or both. Sign, etc. declared public nuisance, and can be
removed at violator's expense. Violator may be directed to pick up litter
from roadside or other public property.
Name may be published.

Fine up to $1,000, prison term of up to 12 months,
or both. Sign, etc. declared public nuisance and can be removed at
violator's expense.

No vehicle shall be driven or moved on any public road unless such vehicle is constructed,
loaded, or covered to prevent load from dropping, escaping, or shifting in a manner that creates a safety hazard or deposits litter
on public or private property.

Operating or loading for operation on any public road a vehicle with any load, unless load and covering is securely fastened to prevent covering or load from becoming a
hazard or depositing litter on public or private property while on a public road.

Driver of wrecker truck towing away any vehicle from the scene of a wreck shall also take away all parts belonging to the vehicle
which he is towing away.

Misdemeanor 40-6-248.1 (a)
Up to $1,000 fine; Up to 12 months in prison

Misdemeanor 40-6-248.1 (b)
Up to $1,000 fine;
Up to 12 months in prison
10-2

Misdemeanor 40-6-276
Up to $100 fine


Checklist for Investigating Litter Crime Scenes

Field Supplies Needed:
Vehicle Radio/phone Safety vest Footwear/waders Gloves Long-sleeved shirt Long-legged pants

Dust mask Snake chaps Eye protection Bug spray Flashlight Binoculars Digital camera

Measurement tools Evidence bags Pad and pen First aid kit Hand sanitizer Water bottle (squirt top)

Steps to Conduct the Investigation:
Park car safely Don proper safety gear (boots, gloves, long-sleeved shirt, bug spray, eye
protection, dust mask, safety vest) Note potential safety hazards Call for assistance if needed Take photos Note type(s) and amount (weight and volume) of waste Note any indications of individual or company responsible for crime, preserving
(crime scene address labels, medicine bottles, sales or delivery receipts, etc.) Note proximity to stream, wetland, or other environmentally sensitive area Try to obtain coordinates of site using GPS or GIS technology Take your time and investigate thoroughly

10-3

Investigating Officer Name: Time of Day:

Litter Crime Scene Investigation Form
Date: Location (include coordinates, if possible):

Is location environmentally sensitive? (e.g., wetlands, stream, etc.?)

YES

NO

UNKNOWN

If YES, describe:_________________________________________________________________________________________________________

Description of Waste Illegally Disposed: Type: Household Waste Tires Appliances Furniture C&D Waste Vehicle Chemicals
Other (Describe) ________________________________________________________________________________________________

Amount:______________________________________________________________

MEASURED or ESTIMATED (circle one)

Is waste hazardous or bio-hazardous?(circle one)

YES

NO

UNKNOWN

Is evidence of violator at scene?

YES

NO

IF YES, describe: _______________________________________________________________________________________________________

Is waste residentially or commercially generated? (circle) RESIDENTIAL COMMERCIAL UNKNOWN

Photo ID Numbers: __________________________________Evidence ID Numbers:__________________________________________________

10-4

11. List of Resources and References

Georgia DNR Wildlife Resources Division Law Enforcement Section Regions
11-1

Georgia DNR Wildlife Resources Division Law Enforcement Section
Contact Information by Region

Region 1 Calhoun PO Box 786 Calhoun, GA 30703 (770) 769-9680
Region 3 Thomson 142 Bob Kirk Road Thomson, GA 30824 (706) 595-4211
Region 5 Albany 2024 Newton Road Albany, GA 31701 (229) 430-4252
Region 7 Brunswick Suite 201, One Conservation Way Brunswick, GA 31520 (912) 264-7237

Region 2 Gainesville 2150 Dawsonville Hwy Gainesville, GA 30501 (770) 535-5499
Region 4 Macon 2618 Shurling Drive Macon, GA 31211 (478) 751-6415
Region 6 Metter 360 Cedar Street Metter, GA 30439 (912) 685-2145

Note: Local officers are the primary enforcement personnel; however DNR personnel are available to support local enforcement efforts.
11-2

Resources and References
Community Contacts
Education, Eradication/Clean up, and Enforcement Contacts in Your Community
Litter abatement is largely accomplished through local efforts, led by local representatives. For a list of local litter education eradication and enforcement contacts in your community, go to the contacts directory at the www.LitterItCostsYou.com web site.
Allentown, Pennsylvania
The City of Allentown implemented SWEEP Solid Waste Education and Enforcement Program, which streamlined enforcement for littering and other code violations. The SWEEP program allows SWEEP officers to issue "pre-citation" tickets, which do not involve a judge. SWEEP officers also have more comprehensive authority over littering and illegal dumping issues many of which previously "fell between the cracks" when multiple departments were involved. Judges may become involved in the case of egregious or repeat offenses.
Contact: Ms. Betsy Levin Manager Allentown Bureau of Recycling and Solid Waste (610) 437-8729 Levin@allentowncity.org
Dougherty County, Georgia
Dougherty County, Georgia has been successful in using media coverage to embarrass litterers. The Executive Director of Keep Albany-Dougherty Beautiful calls the media once code officers have investigated an illegal dump site or litter pile and discovered who the apparent offender is. The media go to the site, where the individual's name is announced, and aired on television. This has proven to be an effective disincentive for littering. The media also provided coverage of a bus tour of illegal dumps that was arranged for judges and other municipal officials. This was an excellent public forum for judges and officials to publicly state their concern for the issue, and support for anti-litter enforcement.
Contact: Ms. Judy Bowles Executive Director, Keep Albany-Dougherty Beautiful http://www.albany.ga.us/kadb/kadb_index.htm (229) 430-5257 kadb@surfsouth.org
11-3

Resources and References
Hall County, Georgia Hall County, Georgia established a separate court system judge and prosecutor, to try code violations. This program, modeled after Memphis, TN's Environmental Court, allows the magistrate judge and the prosecutor to focus on code violations, recognize repeat offenders and their modus operandi, as well as develop creative and effective sentencing strategies which was difficult to do when trying other types of crimes, which tended to take precedence over code violations.
Contacts: Judge Gene Roberts Hall County, Georgia (770) 718-5143
Ms. Anne Bishop Assistant County Attorney for Code Enforcement (770) 531-6762 abishop@hallcounty.org
Marietta, Georgia The City of Marietta implemented a community policing program in 2000. The City is divided into five "zones," and a Police Commander is responsible for each zone. Zone Management Teams solve issues that are relevant to each zone, and meet in a town hall meeting each quarter. Commanders have accountability for their zone. This strategy allows for relationship-building and getting to really understand the issues facing a neighborhood.
Contact: Commander David Lee, Marietta, Georgia Police Department (770) 794-5354 dlee@mariettaga.gov
Memphis/Shelby County, TN Memphis and Shelby County, TN have developed a well-know, progressive environmental court system, headed by Judge Potter.
Shelby County Environmental Court (901) 545-3456 Potter-L@co.selby.tn.us Rhodes-P@co.shelbyb.tn.us www.envirocourt.co.shelby.tn.us
11-4

Resources and References
Other Resources
Auntie Litter http://www.auntielitter.org/ National non-profit organization that is dedicated to providing environmental education to the general public, particularly children. This site also features a "Teacher Talk" section.
Don't Mess with Texas http://www.dontmesswithtexas.org/index.php This Texas anti-litter campaign sponsored by the Texas Department of Transportation is perhaps the most widely known anti-litter slogan in the nation. Resources and programs include education and outreach materials, adoption programs, cleanup programs, and contests.
Georgia Department of Community Affairs
Keep it in Your Bed brochure. This brochure describes the importance of securing loads in the back of trucks, and provides tips on how to do so. It is available for distribution at: http://www.dca.state.ga.us/development/EnvironmentalManagement/publications/pickup brochure.pdf
Keep America Beautiful www.kab.org Resources Include:
Links to Great American Cleanups; Toolbox for Community Change; Litter Index Description of methodology for measuring progress; Graffiti Hurts Anti-graffiti program information; Take Action How to start a cleanup program in your community; Clean Sweep USA Education and outreach information; Waste in Place Elementary education curriculum; Waste in the Workplace Education and outreach materials for workplaces; Cigarette Litter Prevention Information to remediate and educate about
cigarette butt littering;
Close the Loop A video about the benefits of purchasing recycled content
products, produced in cooperation with the U.S. EPA;
And more.
11-5

Resources and References
Litter It Costs You www.litteritcostsyou.org This web site is still under development, but will contain education and outreach materials for residents, including a story and game for children, and educational contents. In addition, there will be information for local governments and communities, including a toolkit, and information about litter indexes, litter/solid waste surveys, press kits, and links to other resources. There will also be a section for businesses (e.g., adoption and sponsorship programs) and for media including current press releases, media experts, and campaign information.
National Center for Environmental Decision-Making Research Decision Maker's Guide to Controlling Litter and Illegal Dumping. http://www.ncedr.org/guides/litter/default.html Includes:
Case studies; Check lists; Model laws; Links to additional resources; and Media/press releases.
Ockels, John H., Ph.D, Presentation materials developed for Texoma Council of Governments on behalf of Keep Texas Beautiful.
Peacock, Robert, GA DNR, Environmental Crimes (Presentation, August 2006). 478-751-6415 dnr326@bellsouth.net Pennsylvania Cleanways http://www.pacleanways.org/ A non-profit organization that helps people who are ready to take action against illegal dumping and littering in their communities. Their core programs revolve around cleanups, adoptions and education. Programs and resources include:
Newsletters (for adults and children); Results of litter survey studies; Adoption programs; Cleanup programs; Publications; and "Tools for Change" A guide for implementing programs in your community.
11-6

Resources and References
Pennsylvania Resources Council http://www.prc.org/ www.litterbug.org A state and national leader in waste reduction and recycling, the remainder of PRC's work focuses on litter and visual blight prevention, watershed awareness, and composting. The strength of PRC's programs is derived from its continuing efforts to bring people, businesses, and government together to prevent and solve environmental problems. Programs include anti-litter programs and outreach, as well as antibillboard/anti-blight programs and resources. A model community anti-litter law is also available on the litterbug.org web site. Robertson, Rodney, Newton County Georgia Code Enforcement Coordinator, Environmental Enforcement Field Safety Procedures. U.S. EPA Region 5, Illegal Dumping Prevention Guidebook (EPA905-B-97-001), March 1998. http://www.epa.gov/reg5rcra/wptdiv/illegal_dumping/downloads/il-dmpng.pdfEPA
11-7

Appendix A Full Text of GA Litter Abatement Act

Appendix A Full Text of GA Litter Abatement Act
06 HB1320/AP House Bill 1320 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st, and others
A BILL TO BE ENTITLED AN ACT
To extensively revise various provisions relating to littering and related environmental offenses; to provide a short title; to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change certain provisions relating to littering public and private property; to change certain provisions relating to waste control; to provide for impoundment of vehicles involved in certain littering offenses; to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, so as to change certain provisions relating to prohibited placement of campaign posters, signs, and advertisements; to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change certain provisions relating to definitions relative to solid waste; to provide for reports by the Department of Community Affairs concerning prevention and abatement of litter; to change certain provisions relating to definitions relative to hazardous waste management; to change certain provisions relating to definitions relative to hazardous site response; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for jurisdiction of certain courts over littering offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for trial of certain littering offenses upon a summons or citation without an accusation; to change certain provisions relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law"; to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to change certain provisions relating to securing loads on vehicles; to change certain provisions relating to erection, placement, or maintenance of an unlawful or unauthorized structure and removal thereof; to change certain provisions relating to littering highways; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction over littering offenses; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of driver licenses of habitually negligent or dangerous drivers and the points system; to provide for editorial revisions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
A-1

Appendix A Full Text of GA Litter Abatement Act
PART I
SECTION 1-1.
This Act shall be known and may be cited as the "Comprehensive Litter Prevention and Abatement Act of 2006."
PART II
SECTION 2-1.
Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 2, relating to littering public and private property, and inserting in lieu thereof the following: "Part 2 16-7-40. This part shall be known and may be cited as the 'Litter Control Law.' Reserved. 16-7-41. Repealed. Reserved. 16-7-42. As used in this part, the term: (1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph (6) of Code Section 16-7-51 any discarded or abandoned: (A) Refuse, rubbish, junk, or other waste material; or (B) Dead animals that are not subject to the provisions of Code Section 4-5-4. (2) 'Public or private property' means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests; or any commercial or industrial property. 16-7-43. (a) 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 property 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 property area; (2) The litter is placed into a nondisposable litter receptacle or container installed on such property 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.
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(b)(1) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $200.00 nor more than $1,200.00; and (2) In addition to the punishment provided under paragraph (1) of this subsection: (2)(A) 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 (B) 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. (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. (d) 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, or 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, or municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section. (e) 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 other traffic or other criminal laws of the state, county, or 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, or 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.
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(f) Notwithstanding any law to the contrary, neither the state nor any county, municipality, or other political subdivision consolidated government of this state or any department, agency, board, or officer of this state or any county, municipality, or political subdivision 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 persos enforcement of the provisions of this Code section or local littering ordinances. (g) 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 persos 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. 16-7-44. (a) 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, it shall be prima-facie evidence 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. (b) 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 167-43 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, it shall be a rebuttable presumption 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. 16-7-45. All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part. 16-7-46. All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part. 16-7-47. (a) As used in this Code section, the term 'household garbage' means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials. (b) The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to
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designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked 'household garbage only,' it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage. (c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage. (d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor. 16-7-48. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the corporate limits of a municipality jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances."
SECTION 2-2.
Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 3, relating to waste control, and inserting in lieu thereof the following: "Part 3 16-7-50. This part shall be known and may be cited as the 'Waste Control Law.' Reserved. 16-7-51. As used in this part, the term: (1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993. (2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. (6)(4) 'Egregious litter' 'Waste' means all discarded substances and materials whatsoever litter, as such term is defined in paragraph (1) of Code Section 16-7-42, exceeding ten pounds in weight or 15 cubic feet in volume;, or any such discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance, or; or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every
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kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. (4)(5) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-892 on January 1, 1993. (5)(6) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993. 16-7-52. It shall be unlawful for any person to intentionally dump waste egregious litter unless authorized to do so by law or by a duly issued permit: (1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; (2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or (3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation. 16-7-53. (a) Any person who intentionally dumps waste egregious litter in violation of Code Section 16-752 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (b) Any person who intentionally dumps waste egregious litter in violation of Code Section 16-752 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon. Upon the second and each subsequent offense such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who intentionally dumps waste egregious litter in violation of Code Section 16-752 in any quantity if the waste substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
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(d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste egregious litter dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste egregious litter or to the restoration of an area polluted by such waste substance. (e)(1) The court shall cause to be published a notice of conviction for each person convicted of violating any provision of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted. Such notice of conviction shall contain the name and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. 16-7-53.1. (a) Whenever a person has been arrested for a violation of Code Section 16-7-52 committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section. (b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle: (1) Presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and (2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40. (c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if: (1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or (2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met.
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(d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid. 16-7-54. Whenever any waste egregious litter which is dumped in violation of Code Section 16-7-52 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, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption 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. 16-7-55. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to waste egregious litter or the management of solid, biomedical, or hazardous waste. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances. 16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12."
SECTION 2-3.
Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, and Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, are amended by striking Code Section 21-2-3, relating to prohibited placement of campaign posters, signs, and advertisements, and inserting in lieu thereof in said Article 2 of Chapter 7 of Title 16 the following: "Part 3A 21-2-3 16-7-58. (a) It shall be unlawful for any person to place campaign posters, signs, and or advertisements: (1) Within the right of way of any public streets, roads, or highways; (2)(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (3)(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such campaign posters, signs, and or advertisements on such property; or (4) Reserved;
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(5)(3) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and or advertisements conflicts with any zoning laws or ordinances. (b) Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. (c) Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (b)(d) Any person who violates this Code section shall be guilty of a misdemeanor shall be punished the same as for littering under Code Section 16-7-43."
PART III
SECTION 3-1.
Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking paragraph (1.1) of Code Section 12-8-22, relating to definitions relative to solid waste, and inserting in lieu thereof the following: "(1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board as such rule existed on January 1, 2006, and other such waste materials."
SECTION 3-2.
Said chapter is further amended in Code Section 12-8-31, relating to a solid waste management plan, by adding a new subsection to read as follows: "(e) By December 31, 2006, and annually thereafter, the Department of Community Affairs, as part of the annual solid waste report required in subsection (d) of this Code section and in cooperation with state agencies and other entities involved in litter prevention or abatement, shall report to the Governor and the General Assembly the status of litter prevention and abatement in this state. The litter report shall include but not be limited to: (1) An itemization of expenditures made from the Solid Waste Trust Fund for the prevention and abatement of litter; (2) A compilation and analysis of litter prevention, collection, and enforcement efforts; (3) An assessment of littering in this state; (4) A statement of progress in achieving a litter prevention ethic; and (5) Recommendations for improving litter abatement and prevention efforts."
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SECTION 3-3.
Said chapter is further amended by striking paragraph (10) of Code Section 12-8-62, relating to definitions relative to hazardous waste management, and inserting in lieu thereof the following: "(10) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 January 1, 2006, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste."
SECTION 3-4.
Said chapter is further amended by striking paragraph (4) of Code Section 12-8-92, relating to definitions relative to hazardous site response, and inserting in lieu thereof the following: "(4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on February 1, 1996 January 1, 2006."
SECTION 3-5.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows: "15-9-30.7. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
SECTION 3-6.
Said title is further amended by adding a new Code section to read as follows: "15-10-2.1. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of
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Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
SECTION 3-7.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-9, relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law," and inserting in lieu thereof the following: "17-6-9. Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of the arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law."
SECTION 3-8.
Said title is further amended by adding a new Code section to read as follows: "17-7-73. In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, or 36-3210.3 such offenses may be tried upon a summons or citation with or without an accusation."
SECTION 3-9.
Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, are amended by striking Code Section 32-6-21, relating to securing loads on vehicles, and inserting in lieu thereof in said Title 40 the following: "32-6-21 40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42.
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(a)(a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create: (1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from becoming: (1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. (d) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or vehicles or equipment carrying unginned cotton during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing plant or point of sale or use."
SECTION 3-10.
Said chapter is further amended by striking Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure and removal thereof, and inserting in lieu thereof the following: "32-6-51. (a)(1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection. (b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) Imitates, resembles, or purports to be an official traffic-control device;
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(2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General. (d)(1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisement advertisements' means a any printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-2-3 signs on a bus shelter for which space has been rented or leased from the owner of such shelter. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the
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Appendix A Full Text of GA Litter Abatement Act
counts and municipalits regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. (e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense.
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Appendix A Full Text of GA Litter Abatement Act

(f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor."

SECTION 3-11.
Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding a new Code section to read as follows: "36-32-10.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A municipal court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."

SECTION 3-12.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is

amended in Code Section 40-5-57, relating to suspension or revocation of driver licenses of

habitually negligent or dangerous drivers and the points system, by striking subparagraph

(c)(1)(A) and inserting in lieu thereof the following:

"(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for

each offense shall be as provided in the following schedule:

Aggressive driving........................................................................................

6 points

Reckless driving............................................................................................

4 points

Unlawful passing of a school bus ................................................................

6 points

Improper passing on a hill or a curve ..........................................................

4 points

Exceeding the speed limit by more than 14 miles per hour but

less than 19 miles per hour ..........................................................................

2 points

Exceeding the speed limit by 19 miles per hour or more but

less than 24 miles per hour...........................................................................

3 points

Exceeding the speed limit by 24 miles per hour or more but

less than 34 miles per hour...........................................................................

4 points

Exceeding the speed limit by 34 miles per hour or more.............................

6 points

Disobedience of any traffic-control device or traffic officer. ......................

3 points

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Appendix A Full Text of GA Litter Abatement Act

Too fast for conditions.................................................................................. Possessing an open container of an alcoholic beverage while driving......... Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident.................................................................................................... Violation of child safety restraint requirements, first offense...................... Violation of child safety restraint requirements, second or subsequent offense....................................................................... ................ All other moving traffic violations which are not speed limit violations........

0 points 2 points
2 points 1 point
2 points 3 points

SECTION 3-13.
Said title is further amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following: "40-6-249. A person Any person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' or driving, moving, or loading for operation a vehicle in violation of Code Section 40-6-248.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43."
PART IV
SECTION 4-1.
The Official Code of Georgia Annotated is amended by reserving the following former designations: (1) Code Section 32-6-21; and (2) Code Section 21-2-3.

PART V
SECTION 5-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of adopting local ordinances to become effective on or after July 1, 2006; and for all other purposes, this Act shall become effective on July 1, 2006.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Source: http://www.legis.ga.gov/legis/2005_06/versions/hb1320_HB_1320_AP_13.htm

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