§ 42-44. Enforcement.

(a)

Generally. It is the principal objective of this article to attain a clean, healthy, safe and litter-free community. Enforcement procedures shall be utilized only where other means fail.

(b)

Solid waste management plans. A solid waste management plan must be submitted with every application for a building permit. The inspection department shall obtain the approval of the county of the solid waste management plan. The management plan submitted shall be consistent with the county's management plan as approved by the state.

(c)

Monitoring by employees. Solid waste collection employees, inspection department employees, and other county employees shall be alert to observe violations of the provisions of this article, including, but without limitation, loose trash and garbage, waste, litter, containers not in compliance, or any other thing or matter which may be in violation of this article or the rules and regulations of the county. An employee observing such violations shall report the same to his supervisor, who in turn shall cause the information to be conveyed to the county for required action.

(d)

Collection of sanitation fees. The fees due the county or its designee shall be paid promptly every month, in advance, and if not paid in a timely manner, shall be collected by the county through any lawful means. On any bills 30 days late, there will be a late fee of $5.00 charged to such bills. Also, the nonpayment of the fees provided for in this article shall constitute a lien against the real and personal property of the person or legal entity responsible for the payment of the fees. Should any person liable for the payment of the fees fail to pay the fees within 15 days of having been billed, the clerk is authorized to issue an execution against such person and deliver the execution to the sheriff for levy and sale as provided by law.

(e)

Penalty for violation. The violation of any provision of this article, or of the rules and regulations of the clerk promulgated under this article, or the failure to do any act or meet any standard required thereby, or the failure to comply in any way with any requirement of this article or such rules and regulations, shall constitute an offense triable in the magistrate court of the county, and punishable by a fine not to exceed $1,000.00 or imprisonment for 60 days or both as provided in O.C.G.A. § 36-1-20.

(f)

Prima facie case. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, wagon, wheelbarrow or other conveyance in violation of this article or the rules and regulations promulgated by the clerk under this article, it shall be prima facie evidence that the operator of the conveyance has violated this article.

(g)

Presumption. Whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this article or of the rules and regulations promulgated by the clerk under this article is discovered to contain any article, including, but not limited to, letters, bills, publications or other writings which display the name of the person thereon in such manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this article.

(h)

Specific penalties cumulative. Where any section of this article contains specific remedies or punishments, such specific remedies or punishments shall not be exclusive, but shall be in addition to all other remedies and punishments provided in this section or otherwise provided by law for the violation of or noncompliance with this article or the rules and regulations of the clerk.

(i)

Additional penalties. In addition to all punishments and penalties provided anywhere in this article, or otherwise by law, the magistrate's court may impose the following additional or alternative sentences, either as a direct sentence, or as a condition to probation:

(1)

The court may direct the convicted person to pick up and remove from any public street or highway or public right-of-way any and all litter deposited thereon by anyone else prior to the date of the execution of the sentence; or

(2)

The court may direct the convicted person 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 any competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of the execution of the sentence.

(j)

Action in emergencies. Nothing contained in this section or elsewhere in this article shall require intermediate measures where the violation is of such nature or degree as to constitute an immediate, clear and present danger to the health and safety of the public. The failure to take the steps provided in this section shall not constitute a defense to any proceeding to enforce the provisions of this article.

(Ord. of 10-12-1998, § VIII; Ord. of 4-11-2000)