§ 62-27. Violations and penalties.

(a)

Any person(s), firm, or corporation violating any portion of this article shall be guilty of a misdemeanor and, upon conviction thereof, in the magistrate court of the county, shall be punished as follows:

(1)

For the first offense: By a fine of not less than $100.00 and not more than $1,000.00 or up to 30 days' imprisonment, or both. Each day the violation continues shall constitute a separate offense (O.C.G.A. 16-7-43). However, this section shall not preclude the county from choosing to seek civil redress in a court of competent jurisdiction in addition to the criminal prosecution. It is the intent of the county to have both the civil and criminal rights of prosecution in this area;

(2)

For the second or more offense(s): The violator shall be guilty of a misdemeanor of high and aggravated nature punishable by a fine of not less than $750.00 and not more than $1,000.00, or up to 60 days' imprisonment, or both. Each day the violation continues shall constitute a separate offense. O.C.G.A. 16-7-53-B; and/or

(b)

In the sound discretion of the judge of the court with jurisdiction, the offender(s) may also be directed to pick up and remove litter from any public streets or highways and/or other public right of way or private areas for a distance not to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution or sentence as provided in O.C.G.A. 16-7-43(b); and/or

(c)

In the sound discretion of the judge of the court with jurisdiction, the person may be directed to pick up and remove litter from any 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 the person has deposited litter thereon, and all litter deposited thereon by anyone prior to the date of execution of sentence; and/or

(d)

The court may order the publication of the names and photographs of persons convicted of violating this article; and/or

(e)

The court may order the violator to repair or restore property damaged, or pay damages resulting from such violations, or perform public service related to the repair or restoration of property damaged by the violation; and/or

(f)

In the case of an improper garbage, waste disposal site, or tire dump, the property owner, contractor, developer, builder or other person responsible for the property shall cause the property to be cleaned and to come into full compliance with this article. The county shall not be responsible for any costs of cleanup or remediation; and/or

(g)

The expenses incurred by the county for cleanup, enforcement of violations and penalties shall be chargeable to the violator, including, but not limited to: court costs, filing fees, special investigations, mutual aid assistance from other agencies and other costs necessary for the reasonable enforcement of this article;

(h)

In addition to actions filed by the county for violations of this article, any state or federal agency may independently file separate or concurrent charges within their respective applicable authority and seek conviction within a court of competent jurisdiction.

(Res. No. 2003-32, 9-9-03)