Sec. 62-189Enforcement

(a) General. This article shall be enforced under O.C.G.A. § 16-7-45, as amended, said section being entitled "Litter Control Law."

(b) Investigations. Members of the Ashburn Police Department and members of the department of public works of the city shall report all complaints of violations of any of the provisions of this article to the city clerk.

(c) Enforcing officers.The mayor and his/her authorized inspectors and the members of the Ashburn Police Department are authorized to issue a citation against any person violating this article.

(d) Court proceedings.

(1) Violations of this article shall be tried upon citations as provided in O.C.G.A. § 15-10-63, and may be tried with or without a prosecuting attorney as well as upon accusation by the city attorney. The city attorney shall serve as prosecuting attorney.

(2) Violations of this article shall be tried in the Municipal Court of the City of Ashburn, Georgia, and shall be tried in accordance with the O.C.G.A. §§ 15-10-60 through 15-10-66.

(3) Nothing in this article shall prevent the mayor and city council from bringing civil action for injunction, mandamus, or other proceedings to present, correct, or abate any violation of this article. No sanction, penalty, or remedy prescribed herein shall be considered exclusive of any other remedy but shall be available in addition to any other sanction, penalty, or remedy by law.

(4) Each violation of this article shall constitute a separate offense.

(e) Prima facie case.

(1) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this article, it shall be prima facie evidence that the operator of the conveyance has violated this article.

(2) Except as provided in subparagraph (1) of this paragraph, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of this article is discovered to contain any article or articles, including, but not limited to, letters, bills, publications, and 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 that such person has violated this article.

(f) Penalty.

(1) Any person violating this article or any provision hereof, upon conviction, shall be punished as follows:

a. By a fine of not less than $100.00 and not more than $1,000.00;

b. In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public road or highway or public right-of-way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

c. In the sound discretion of the judge of a court in which conviction is obtained, 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 he/she has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.

d. The court may publish the names of persons convicted of violating this article.

(2) No person accused of violating this article shall be arrested prior to trial, but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the judge of the municipal court and required to post bond for his/her future appearance.

History: (Ord. No. 08-04, § 1(Exh. A), 4-3-2008)