Georgia House of Representatives - 1995/1996 Sessions

HB 174 - Littering property or waters; penalty

Page Numbers - 1/ 2

Code Sections - 16-7-43

1. Baker  70th            2. Bordeaux  151st         3. Orrock  56th


House Comm: SJudy      /                Senate Comm: Judy       / NatR          
House Vote: Yeas 124   Nays 6           Senate Vote: Yeas 50  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/12/95  Read 1st Time         2/1/95                             
              1/13/95  Read 2nd Time         2/10/95                            
              1/26/95  Favorably Reported    2/9/95                             
              Sub      Committee Amend/Sub                                      
                       Recommitted           2/3/95                             
              1/31/95  Read 3rd Time         3/14/95                            
              1/31/95  Passed/Adopted        3/14/95                            
              CSFA     Comm/Floor Amend/Sub                                     
              3/23/95  Sent to Governor                                         
              4/7/95   Signed by Governor                                       
              254      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
HB 174  Withdrawn and Recommitted 2/3/95                                        
                                                                                
Code Sections amended: 16-7-43                                                  


HB 174                                           HB 174/CSFA

      H. B. No. 174 (COMMITTEE SUBSTITUTE) (AM)
      By:  Representatives Baker of the 70th, Bordeaux of the
      151st and Orrock of the 56th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 2 of Article 2 of Chapter 7 of Title 16 of the
  1- 2  Official Code of Georgia Annotated, known as the "Litter
  1- 3  Control Law," so as to change the penalty provisions
  1- 4  applicable to the crime of littering public or private
  1- 5  property or waters; to repeal conflicting laws; and for
  1- 6  other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Part 2 of Article 2 of Chapter 7 of Title 16 of the Official
  1- 9  Code of Georgia Annotated, known as the "Litter Control
  1-10  Law," is amended by striking in its entirety Code Section
  1-11  16-7-43, relating to the crime of littering public or
  1-12  private property or waters, and inserting in lieu thereof a
  1-13  new Code Section 16-7-43 to read as follows:

  1-14    "16-7-43. (Index)

  1-15    (a) It shall be unlawful for any person or persons to
  1-16    dump, deposit, throw, or leave or to cause or permit the
  1-17    dumping, depositing, placing, throwing, or leaving of
  1-18    litter on any public or private property in this state or
  1-19    any waters in this state, unless:

  1-20      (1) The property is designated by the state or by any of
  1-21      its agencies or political subdivisions for the disposal
  1-22      of litter and the person is authorized by the proper
  1-23      public authority to use such property;

  1-24      (2) The litter is placed into a litter receptacle or
  1-25      container installed on such property; or

  1-26      (3) The person is the owner or tenant in lawful
  1-27      possession of such property or has first obtained
  1-28      consent of the owner or tenant in lawful possession or
  1-29      unless the act is done under the personal direction of
  1-30      the owner or tenant, all in a manner consistent with the
  1-31      public welfare.


                          H. B. No. 174 (SUB)
                                 -1- (Index)

                                                 HB 174/CSFA

  2- 1    (b) Any person who violates subsection (a) of this Code
  2- 2    section shall be guilty of a misdemeanor and, upon
  2- 3    conviction thereof, shall be punished as follows:

  2- 4      (1) By a fine of not less than $100.00 nor more than
  2- 5      $300.00 $1,000.00;

  2- 6      (2) In the sound discretion of a court in which
  2- 7      conviction is obtained, the person may be directed to
  2- 8      pick up and remove from any public street or highway or
  2- 9      public right of way for a distance not to exceed one
  2-10      mile any litter the person has deposited and any and all
  2-11      litter deposited thereon by anyone else prior to the
  2-12      date of execution of sentence; or

  2-13      (3) In the sound discretion of the judge of a court in
  2-14      which conviction is obtained, the person may be directed
  2-15      to pick up and remove from any public beach, public
  2-16      park, private right of way, or, with the prior
  2-17      permission of the legal owner or tenant in lawful
  2-18      possession of such property, any private property upon
  2-19      which it can be established by competent evidence that
  2-20      the person has deposited litter, any and all litter
  2-21      deposited thereon by anyone prior to the date of
  2-22      execution of sentence.

  2-23    (c) The court may publish the names of persons convicted
  2-24    of violating subsection (a) of this Code section."

                         SECTION 2.

  2-25  All laws and parts of laws in conflict with this Act are
  2-26  repealed.

















                          H. B. No. 174 (SUB)
                                 -2- (Index)