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HomeMy WebLinkAboutORDINANCE No. 20-11-460 - 11/16/2020 - Amending Article 2 of Ch. 46 of the Milton Code to Revise the City's Litter Control OrdinanceSTATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 20-11-460 AN ORDINANCE AMENDING ARTICLE 2 OF CHAPTER 46 OF THE MILTON CODE TO REVISE THE CITY'S LITTER CONTROL ORDINANCE WHEREAS , pursuant to its Charter and other laws of the State of Georgia, the City of Milton , Georgia, has the power to adopt reasonable ordinances , resolutions and regulations for the protection and preservation of the public health , safety and welfare of its citizens ; and WHEREAS , the Milton Code includes provisions relating to control of litter within the City limits ; and WHEREAS , the City Council desires to amend the Milton Code to revise the City 's regulations related to control of litter , NOW THEREFORE , the Council of the City of Milton hereby ordains , while in a regularly called council meeting on November 16 , 2020 , at 6:00 p.m ., as follows: SECTION 1. The Code of Ordinances of the City of Milton, Georgia, is hereby amended to delete the entirety of Chapter 46 , Article II -Littering, and , in its place , add those provisions set forth in Exhibit A , attached hereto and incorporated herein by this reference. SECTION 2. All ordinances , parts of ordinances , or regulations in conflict herewith are hereby repealed. SECTION 3. Thi s Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of November 2020. Attest: DocuSlgned by: PAG E 1 OF 4 ~DocuSigned by: ~B91l4 6 6 ... Joe Lockwood , Mayor EXHIBIT "A" LITTER CONTROL ORDINANCE 46-24 GENERAL PROVISIONS (a) Purpose and Intent The purpose of this Article is to protect the public health , safety , environment, and general welfare through the regulation and prevention of litter. The objectives of this Article are: (1) Provide for uniform prohibition throughout the City of Milton of any and all littering on public or private property ; and , (2) Prevent the desecration of the beauty and quality of life of the City of Milton and prevent harm to the public health , safety , environment, and general welfare, including the degradation of water and aquatic resources caused by litter. (b) Applicability This Article shall app ly to all public and private property within the City of Milton . (c) Compatibility with Other Regulations This Article is not intended to interfere with , abrogate , or annul any other Article , rule or regulation , stature, or other provision of law. The requirements of this Article should be considered minimum requirements , and where any provision of this Article imposes restrictions different from those imposed by any other Article , rule or regulation , or other provision of la w , whichever provisions are more restrictive or impose higher protective standards for human health or the environment shal I be considered to take precedence. ( d) Severability If the provisions of any article, section , subsection , paragraph , subdivision or clause of this Article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any artic le , section, subsection , paragraph , subdivision or clause of this Article. 46-25 DEFINITIONS (a) For purposes of this article, the fo ll owing definitions shall apply: ( 1) "Litter" means any organic or inorganic waste material , rubbish , refuse, garbage, trash , hulls, peelings, debris, grass , weeds , ashes, sand , gravel , slag, brickbats , metal , plastic, and glass containers, broken g la ss , dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such term is defined in O.C.G.A., §16-7-51 , paragraph 6. (2) "Public or private property" means the right of way of any road or highway ; any body of water or watercourse or the shores thereof; any park, playground , building , refuge , or conservation or recreation area ; timberlands or forests; and residential , commercia l, industrial , or farm properties . 46-26 PROHIBITION AGAINST LITTERING PUBLIC OR PRIVATE PROPERTY OR WATERS (a) It shall be unlawful for any person or persons to dump , deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in the City of Milton or any waters in the City of Milton unless : (1) The property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter , and such person is authorized by the proper public authority to use such property ; (2) The litter is placed into a receptacle or container installed on such property; or, (3) The person is the owner or tenant in lawful possession of such property , or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (4) Construction site operators must control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 46-27 VEHICLE LOADS CAUSING LITTER No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway. 46-28 VIOLATIONS, ENFORCEMENT AND PENALTIES (a) Violations It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. Any person who has violated or continues to violate the provisions of this Article , may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law. (b) Evidence (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 subsection (1), 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 or other writing which display the name of the 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. (c) Penalties Any person who violates this Article shall be guilty of a v iolation and , upon conviction thereof, shall be punished as follows: ( 1) By a fine of not less than $200 and not more than $1 ,000; and (2) In addition to the fine set out in subsection 1 above , the violator shall reimburse the City of Milton for the reasonable cost of removing the litter when the litter is or is ordered removed by the City of Milton ; and (3) The court may publish the names of persons convicted of violating this Article . (d) Enforcement All law enforcement agencies , officers and officials of this state or any political subdivision thereof, or any enforcement agency , officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized , empowered and directed to enforce compliance with this article.