Littering ticket asked 4 Jan 2010
My girlfriend got a ticket in Rockdale county for throwing a cigarette butt out her car win dow. She called to get her fine amount and was told it is $700. She is going to go to court to try to fight it and hopefully get it lowered. What would you recommend?
I'd suggest that you ask that the fine be reduced to the minimum of $100 in exchange for doing some community service which involved picking up discarded trash on the roadside. This will probably help you avoid paying such a hefty fine...
Otherwise,you should know that in Georgia, there are two laws - one for litter and one for illegal dumping, and they are pretty tough. In 1993, the General Assembly established fines and possible jail terms for individuals and companies caught illegally disposing of litter and waste. Violators can even be ordered to clean up and repair areas contaminated by their carelessness. The laws appear under Georgia's Criminal Code (O.C.G.A. ¤16-7-40 et seq. and 16-7-50 et seq.) and the state's 30,000 peace officers, including the Department of Natural Resources' Environmental Enforcement Unit, have been charged with their enforcement.
DefinitionsThe State's Litter and Waste Control Laws distinguish between litter and waste essentially as follows: improperly discarded items exceeding ten pounds or 15 cubic feet in volume (about the size of a residential garbage can) are classified as waste; all other such items are classified as litter. Examples of both include cans, bottles, boxes, papers, dead animals, sand, gravel, and household garbage. Again, in bulk, these items are considered to be waste and in smaller amounts, litter. Other waste types include discarded appliances, machinery, tires, junked cars, batteries, construction materials, biomedical waste, hazardous substances and hazardous waste.
Prohibited Activities
In Georgia, it is illegal to:leave litter or dump waste on any public or private property, including highways, streets, alleys, parks, lawns, fields and forests; andleave litter or dump waste on any public or private waters, including fresh water lakes, streams, canals, rivers, and tidal or coastal waters.
These activities are not prohibited if:
the property on which the litter or waste is placed is a designated disposal facility;
the litter or waste is placed in a trash receptacle in or on the property in question; or
the property owner has given permission for the litter or waste to be placed on the property and the litter or waste does not pose a threat to the public health or welfare.
Common Violations
Some examples of how people violate Georgia's Litter and Waste Control Laws are:
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throwing litter out of a car or boat;
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abandoning old cars or used tires on public property;
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hauling trash for profit and dumping it somewhere other than a designated disposal facility; and
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pouring used motor oil, antifreeze or other pollutants into storm drains or manholes.
PenaltiesAnyone caught littering in Georgia can be charged with a misdemeanor and, if found guilty, can be punished by a fine of not less than $100 and not more than $1,000. The law also allows the court to direct the violator to clean up the littered area and to publish the violator's name in the newspaper.Anyone caught illegally dumping less than 500 pounds of waste can be charged with a misdemeanor and can be fined accordingly. Each day a continuing violation occurs is considered a separate violation. Dumping more than 500 pounds is considered a misdemeanor on the first offense. A second conviction is a felony. The penalty for a second conviction is a fine of up to $25,000 or a prison sentence of up to two years (or both).Anyone caught illegally dumping biomedical or hazardous waste, or dumping for commercial purposes, can be found guilty of a felony. If convicted, the violator can be fined up to $25,000 and sentenced to two years in prison.
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by Ghostridercommented on 4 Jan 2010 Hey sweet pea, quit smoking! |
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by Anonymouscommented on 19 May 2010 What is the penalty for burning tires on private property. Recently I started having a problem breathing, my eyes burning, and other respiratory problems. My son went outside one night and the air was so thick with black smoke he couldn't see anything. Then we discovered our neighbors who own the property behind my house are hauling truck loads of tires to the back side of their property and burning them. What can be done about this. |
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by George Steincommented on 23 May 2010 Burning toxic materials is usually a code violation of the city or county where the property is located. The only possible exception is with a special permit. Check for code violations in the city or county that you are living in and ask about posting a complaint. This will usually require the property owner who is in violation to pay a penalty and would disallow them to engage in tire burning in the future. |













