- Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 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.
- Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 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. 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 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.
- Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in any quantity if the 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 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.
- 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 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 egregious litter or to the restoration of an area polluted by such substance.
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- 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.
- 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.
- 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.
History. Code 1981, § 16-7-53 , enacted by Ga. L. 1993, p. 496, § 2; Ga. L. 2006, p. 275, § 2-2/HB 1320.
Editor’s notes.
Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Comprehensive Litter Prevention and Abatement Act of 2006.’ ”
Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.
FAQs
Section 16-7-23 - [Effective Until 7/1/2024] Criminal damage to property in the second degree (a) A person commits the offense of criminal damage to property in the second degree when he: (1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; or (2) ...
What is the criminal damage to property code in Georgia? ›
According to Georgia Code § 16-7-22, you may receive a 1st degree criminal damage to property charge if the prosecution has probable cause to believe that you knowingly, and without authority, interfered with property in a way that could have endangered human life.
What is Georgia Code Title 16 crimes and offenses 16 11 39? ›
O.C.G.A. § 16-11-39 prohibits disorderly conduct, defined as acting violently so as to place another in reasonable fear for his safety or so as to endanger another's property, to use "fighting words" without provocation, or to use obscene language in the presence of a child.
What is the criminal trespassing code in Georgia? ›
A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that ...
What is Georgia Code 16 7 2? ›
A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by ...
What is Georgia law 16 7 1? ›
A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.
What is Georgia Code Title 16 crimes and offenses 16 6 1? ›
Code § 16-6-1. Section 16-6-1 - Rape (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age.
What is Georgia Criminal Code 16 8 7? ›
A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner.
What is Georgia statutes and codes 16 7 21? ›
16-7-21, committing any one of the following acts is considered criminal trespass: Intentionally damaging another person's property without consent. The law provides the damage must be $500 or less. “Knowingly and maliciously” interfering with someone else's property without consent.
How long does a criminal trespass warning last in Georgia? ›
A criminal trespass warning in Georgia is basically a fancy way of saying, "Hey you! Get off my property and don't come back!" There ain't no official expiration date stamped on these warnings. It's more like a permanent marker stain on your trespassin' record...
Crimes and offenses; knowing entry upon land or premises of another that has been marked with purple paint; provide for the crime of criminal trespass.
Is loitering illegal in Georgia? ›
A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circ*mstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
What is GA Code Section 16 7 22? ›
(b) A person commits the offense of criminal damage to property in the first degree when he or she: (1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or (2) Knowingly and without authority and by either force or violence or by electronic means interferes with the ...
What is Section 16 3 23 in Georgia? ›
Crimes and Offenses § 16-3-23. (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
What is the statute 16 7 20 in Georgia? ›
Georgia Law O.C.G.A. §16-7-20
The offense of possession of tools for the commission of a crime when he has in his possession any tool, explosive, or another device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
