06 LC
25 4318
House
Bill 1320
By:
Representatives Smith of the
70th,
Burkhalter of the
50th,
Ralston of the
7th,
Willard of the
49th,
Rice of the
51st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
extensively revise various provisions relating to littering and related
environmental offenses; to provide a short title; to amend Article 2 of Chapter
7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal
trespass and damage to property, so as to change certain provisions relating to
littering public and private property; to change certain provisions relating to
waste control; to provide for impoundment of vehicles involved in certain
littering offenses; to amend Article 1 of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated, relating to general provisions relative to elections
and primaries generally, so as to change certain provisions relating to
prohibited placement of campaign posters, signs, and advertisements; to amend
Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to
waste management, so as to change certain provisions relating to definitions
relative to solid waste; to provide for reports by the Department of Community
Affairs concerning prevention and abatement of litter; to change certain
provisions relating to definitions relative to hazardous waste management; to
change certain provisions relating to definitions relative to hazardous site
response; to amend of Title 15 of the Official Code of Georgia Annotated,
relating to courts, so as to provide for jurisdiction of certain courts over
littering offenses; to amend Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, so as to provide for trial of certain littering
offenses upon a summons or citation without an accusation; to change certain
provisions relating to acceptance of cash bonds in lieu of statutory bond or
recognizance by officers or officials authorized to enforce the "Litter Control
Law"; to change certain provisions relating to securing loads on vehicles; to
change certain provisions relating to erection, placement, or maintenance of an
unlawful or unauthorized structure and removal thereof; to amend Chapter 6 of
Title 32 of the Official Code of Georgia Annotated, relating to regulation of
maintenance and use of public roads generally, so as to change certain
provisions relating to littering highways; to amend Article 1 of Chapter 32 of
Title 36 of the Official Code of Georgia Annotated, relating to general
provisions relative to municipal courts, so as to provide for jurisdiction over
littering offenses; to amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to change certain provisions
relating to suspension or revocation of
driverś
licenses of habitually negligent or dangerous drivers and the points system; to
provide for editorial revisions; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
This
Act shall be known and may be cited as the "Comprehensive Litter Prevention and
Abatement Act of 2006."
PART
II
SECTION 2-1.
SECTION 2-1.
Article
2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating
to criminal trespass and damage to property, is amended by striking Part 2,
relating to littering public and private property, and inserting in lieu thereof
the following:
"Part
2
16-7-40.
This
part shall be known and may be cited as the 'Litter Control
Law.'
Reserved.
16-7-41.
Repealed.
Reserved.
16-7-42.
As
used in this part, the term:
(1)
'Litter' means
all
discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans,
refuse, garbage, trash, debris, dead animals, or other discarded materials of
every kind and description which are not waste as such term is defined in
paragraph (6) of Code Section 16-7-51
any discarded
or abandoned:
(A)
Refuse, rubbish, junk, or other waste material; or
(B)
Dead animals that are not subject to the provisions of Code Section
4-5-4.
(2)
'Public or private property' means the right of way of any road or highway; any
body of water or watercourse or the shores or beaches thereof; any park,
playground, building, refuge, or conservation or recreation area;
and
residential or farm properties, timberlands, or
forests; or
any commercial or industrial
property.
16-7-43.
(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 this state or any waters in this
state, unless:
(1)
The
property
area
is designated by the state or by any of its agencies or political subdivisions
for the disposal of litter and the person is authorized by the proper public
authority to
so
use such
property
area;
(2)
The litter is placed into a
nondisposable
litter receptacle or container
installed
on such property
designed for
the temporary storage of litter and located in an area designated by the owner
or tenant in lawful possession of the
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.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as
follows:
(1)
By a fine of not less than $200.00 nor more than $1,200.00; and
(2)(A)
In the sound discretion of the court, the person may be directed to pick up and
remove from any public street or highway or public right of way 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 of
sentence; or
(B)
In the sound discretion of the judge of the court, the person may be directed to
pick up and remove from any public beach, 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, any and all litter
deposited thereon by anyone prior to the date of execution of
sentence.
(c)(1)
The court may
publish the
names of persons
cause to be
published a notice of conviction for each
person convicted of violating subsection
(a) 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.
(2)
The convicted person for which a notice of conviction is published pursuant to
this subsection shall be assessed for 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.
(3)
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.
(d)
Any county, municipality,
consolidated
government, or law enforcement agency
thereof of this state which is empowered
by Code
Section 16-7-45 or other law to enforce
the provisions of this Code section or local littering ordinances may, in its
discretion, appoint any person who is a citizen of the United States, is of good
moral character, and has not previously been convicted of a felony to enforce
the provisions of this Code section or local littering ordinances within the
county,
or
municipality,
or consolidated government in which the
appointing agency exercises jurisdiction. Each person appointed pursuant to
this Code section shall take and subscribe an oath of office as prescribed by
the appointing authority. Any person appointed and sworn pursuant to this
subsection shall be authorized to enforce the provisions of this Code section or
local littering ordinances in the same manner as any employee or law enforcement
officer of this state or any
county,
or
municipality,
or consolidated government of this state
subject to the limitations provided in subsections (e) and (f) of this Code
section.
(e)
No person appointed pursuant to subsection (d) of this Code section shall be
deemed a peace officer under the laws of this state or:
(1)
Be deemed to be an employee of or receive any compensation from the state,
county, municipality,
consolidated
government, or appointing law enforcement
agency;
(2)
Be required to complete any training or be certified pursuant to the
requirements of Chapter 8 of Title 35;
(3)
Have the power or duty to enforce any
other
traffic or
other
criminal laws of the state, county,
or
municipality,
or consolidated government;
(4)
Have the power to possess and carry firearms and other weapons for the purpose
of enforcing the littering laws; or
(5)
Be entitled to any indemnification from the state, county,
or
municipality,
or consolidated government for any injury
or property damage sustained by such person as a result of attempting to enforce
the littering laws of this state or any local government.
(f)
Notwithstanding any law to the contrary, neither the state nor any county,
municipality,
or other
political subdivision
consolidated
government of this state or any
department, agency, board, or officer of this state or any county,
municipality,
or
political
subdivision
consolidated
government of this state shall be liable
or accountable for or on account of any act or omission of any person appointed
pursuant to this Code section in connection with such
persońs
enforcement of the provisions of this Code section or local littering
ordinances.
(g)
It shall be unlawful for any person willfully to obstruct, resist, impede, or
interfere with any person appointed pursuant to this Code section in connection
with such
persońs
enforcement of this Code section or local littering ordinances or to retaliate
or discriminate in any manner against such person as a reprisal for any act or
omission of such person. Any violation of this subsection shall be punishable
as a misdemeanor.
16-7-44.
(a)
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle,
boat, airplane, or other conveyance in violation of Code Section 16-7-43,
it shall be
prima-facie evidence
the trier of
fact may in its discretion infer that the
operator of the conveyance has violated this part.
(b)
Except as provided in subsection (a) of this Code section, whenever any litter
which is dumped, deposited, thrown, or left on public or private property in
violation of Code Section 16-7-43 is discovered to contain any article or
articles, including but not limited to letters, bills, publications, or other
writings which display the name of a person thereon in such a manner as to
indicate that the article belongs or belonged to such person,
it shall be
a rebuttable presumption
the trier of
fact may in its discretion infer that such
person has violated this part.
16-7-45.
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 or
authority of this state or any political
subdivision thereof is authorized, empowered, and directed to enforce compliance
with this part.
16-7-46.
All
public authorities and agencies having supervision of properties of this state
are authorized, empowered, and instructed to establish and maintain receptacles
for the deposit of litter at appropriate locations where the property is
frequented by the public, to post signs directing persons to the receptacles and
serving notice of the provisions of this part, and to otherwise publicize the
availability of litter receptacles and requirements of this part.
16-7-47.
(a)
As used in this Code section, the term 'household garbage' means animal,
vegetable, and fruit refuse matter and other refuse matter ordinarily generated
as by-products of a household or restaurant, such as tin cans, bottles, paper,
cardboard, plastics, and wrapping or packaging materials.
(b)
The governing authority of each
county,
municipality, or consolidated government
of this state which provides containers for the dumping of trash or garbage
therein shall be authorized to designate any or all such containers as being
suitable for the dumping therein of household garbage only. If a container is
clearly marked 'household garbage only,' it shall be unlawful for any person to
dump any refuse or other material into the container other than household
garbage.
(c)
It shall be unlawful for any person to set fire to the contents of,
indiscriminately scatter or disperse the contents of, or otherwise vandalize any
containers provided by any
county,
municipality, or consolidated government
for the dumping of trash or garbage.
(d)
Any person who violates subsection (b) or (c) of this Code section shall be
guilty of a misdemeanor.
16-7-48.
(a)
Nothing in this part shall limit the authority of any state agency, county,
municipality, or consolidated government to enforce any other laws, rules, or
regulations relating to litter.
(b)
Nothing within this part shall be construed to prohibit the adoption of local
ordinances regulating and controlling litter within the
corporate
limits of a municipality
jurisdiction
of any county, municipality, or consolidated
government. Violation of such ordinances
shall be punished as provided in the municipal charter
or local
ordinances."
SECTION
2-2.
Article
2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating
to criminal trespass and damage to property, is amended by striking Part 3,
relating to waste control, and inserting in lieu thereof the
following:
"Part
3
16-7-50.
This
part shall be known and may be cited as the 'Waste Control
Law.'
Reserved.
16-7-51.
As
used in this part, the term:
(1)
'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section
12-8-22 on
January 1, 1993.
(2)
'Commercial purpose' means for the purpose of economic gain.
(3)
'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a
substance.
(6)(4)
'Waste
'Egregious
litter' means all
discarded
substances and materials whatsoever
litter, as
such term is defined in paragraph (1) of Code Section
16-7-42, exceeding ten pounds in weight or
15 cubic feet in
volume;,
or any
such
discarded or
abandoned substance in any weight or
volume if biomedical waste, hazardous waste,
or
a hazardous
substance,
or;
or any
such
substance or material dumped for commercial purposes.
Such term
includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste
material; tin cans; refuse; garbage; trash; debris; dead animals; bottles;
boxes; containers; papers; tobacco products; tires; appliances; mechanical
equipment or parts; building or construction materials; tools; machinery; wood;
motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil;
batteries; antifreeze; sludge from a waste-water treatment facility, water
supply treatment plant, or air pollution control facility; air contaminants from
any source or facility; and any other discarded material or substance of every
kind and description resulting from domestic, industrial, commercial, mining, or
governmental operations.
(4)(5)
'Hazardous substance' means that term as defined in paragraph (4) of Code
Section 12-8-92
on January
1, 1993.
(5)(6)
'Hazardous waste' means that term as defined in paragraph (10) of Code Section
12-8-62 on
January 1, 1993.
16-7-52.
It
shall be unlawful for any person to dump
waste
egregious
litter unless authorized to do so by law
or by a duly issued permit:
(1)
In or on any public highway, road, street, alley, or thoroughfare, including any
portion of the right of way thereof, or on any other public lands except in
containers or areas lawfully provided for such dumping;
(2)
In or on any fresh-water lake, river, canal, or stream or tidal or coastal water
of the state; or
(3)
In or on any private property, unless prior consent of the owner has been given
and unless such dumping will not adversely affect the public health and is not
in violation of any other state law, rule, or regulation.
16-7-53.
(a)
Any person who dumps
waste
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.
(b)
Any person who dumps
waste
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
and
shall
upon.
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
two
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.
(c)
Any person who dumps
waste
egregious
litter in violation of Code Section
16-7-52 in any quantity if the
waste
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
two
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.
(d)
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
waste
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
waste
egregious
litter or to the restoration of an area
polluted by such
waste
substance.
(e)(1)
The court may 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.
(2)
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.
(3)
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.
16-7-53.1.
(a)
Whenever a person has been arrested for a violation of Code Section 16-7-52
committed while driving, moving, or operating a vehicle, the arresting law
enforcement agency may impound the vehicle that the person was driving, moving,
or operating at the time of arrest until such time as the arrestee claiming the
vehicle meets the conditions for release in subsection (b) of this Code section
or a person other than the arrestee meets the conditions for release in
subsection (c) of this Code section.
(b)
A vehicle impounded pursuant to this Code section shall not be released unless
the person claiming the vehicle:
(1)
Presents a valid
driveŕs
license, proof of ownership or lawful authority to operate the motor vehicle,
and proof of valid motor vehicle insurance for that vehicle; and
(2)
Is able to operate the vehicle in a safe manner and would not be in violation of
Title 40.
(c)
A vehicle impounded pursuant to this Code section may be released to a person
other than the arrestee only if:
(1)
The vehicle is not owned or leased by the person under arrest and the person who
owns or leases the vehicle claims the vehicle and meets the conditions for
release in subsection (b) of this Code section; or
(2)
The vehicle is owned or leased by the arrestee, the arrestee gives written
permission to another person to operate the vehicle, and the conditions for
release in subsection (b) of this Code section are met.
(d)
A law enforcement agency impounding a vehicle pursuant to this Code section may
charge a reasonable fee for towing and storage of the vehicle. The law
enforcement agency may retain custody of the vehicle until that fee is
paid.
16-7-54.
Whenever
any
waste
egregious
litter which is dumped in violation of
Code Section 16-7-52 is discovered to contain any article or articles, including
but not limited to letters, bills, publications, or other writings which display
the name of a person thereon, addressed to such person or in any other manner
indicating that the article belongs or belonged to such person,
it shall be
a rebuttable presumption
the trier of
fact may in its discretion infer that such
person has violated this part.
16-7-55.
(a)
Nothing in this part shall limit the authority of any state
agency,
county, municipality, or consolidated
government to enforce any other laws,
rules, or regulations relating to
waste
egregious
litter or the management of solid,
biomedical, or hazardous waste.
(b)
Nothing within this part shall be construed to prohibit the adoption of local
ordinances regulating and controlling egregious litter within the jurisdiction
of any county, municipality, or consolidated government. Violation of such
ordinances shall be punished as provided in the municipal charter or local
ordinances.
16-7-56.
Nothing
in this part shall be construed so as to repeal, supersede, amend, or modify any
provision of Title
12."
SECTION
2-3.
Article
1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to general provisions relative to elections and primaries generally, and Article
2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating
to criminal trespass and damage to property, are amended by striking Code
Section 21-2-3, relating to prohibited placement of campaign posters, signs, and
advertisements, and inserting in lieu thereof in said Article 2 of Chapter 7 of
Title 16 the following:
"Part
3A
21-2-3
16-7-58.
(a)
It shall be unlawful for any person to place
campaign
posters, signs,
and
or
advertisements:
(1)
Within the right of way of any public streets, roads, or
highways,
except official signs or commercial advertisements required or authorized under
Part 1 of Article 3 of Chapter 6 of Title
32;
(2)
On any public property or
building,
unless the owner thereof or the occupier as authorized by such owner has given
permission to place such posters, signs, or advertisements on such
property;
(3)
On any private property unless the owner thereof
or the
occupier as authorized by such owner has
given permission to place such
campaign
posters, signs,
and
or
advertisements on such property; or
(4)
Reserved;
(5)(4)
On any property zoned for commercial or industrial uses if the placement of such
campaign
posters, signs,
and
or
advertisements conflicts with any zoning laws or ordinances.
(b)
Whenever any poster, sign, or advertisement placed in violation of this Code
section contains writing which displays the name of a person thereon or in any
other manner indicates that the poster, sign, or advertisement belongs or
belonged to such person or promotes or advertises for the benefit of such
person, the trier of fact may in its discretion infer that such person has
violated this Code section.
(c)
Any poster, sign, or advertisement placed in violation of paragraph (1) or (2)
of subsection (a) of this Code section is declared to be a public nuisance, and
the officials having jurisdiction of the public street, road, or highway or
other public property or building, including without limitation law enforcement
officers, may remove or direct the removal of the same.
(d)
Each poster, sign, or advertisement placed in violation of this Code section
shall constitute a separate offense.
(b)(e)
Any person who violates this Code section shall be guilty of a misdemeanor
and shall be
punished the same as for littering under Code Section
16-7-43."
PART
III
SECTION
3-1.
Chapter
8 of Title 12 of the Official Code of Georgia Annotated, relating to waste
management, is amended by striking paragraph (1.1) of Code Section 12-8-22,
relating to definitions relative to solid waste, and inserting in lieu thereof
the following:
"(1.1)
'Biomedical waste' means pathological waste, biological waste cultures and
stocks of infectious agents and associated biologicals, contaminated animal
carcasses (body parts, their bedding, and other wastes from such animals),
sharps, chemotherapy waste, discarded medical equipment and parts, not including
expendable supplies and materials which have not been decontaminated, as further
defined in Rule 391-3-4-.15 of the board
as such rule
existed on January 1, 2006, and other such
waste
materials."
SECTION
3-2.
Said
chapter is further amended in Code Section 12-8-31, relating to a solid waste
management plan, by adding a new subsection to read as follows:
"(e)
By December 31, 2006, and annually thereafter, the Department of Community
Affairs, as part of the annual solid waste report required in subsection (d) of
this Code section and in cooperation with state agencies and other entities
involved in litter prevention or abatement, shall report to the Governor and the
General Assembly the status of litter prevention and abatement in this state.
The litter report shall include but not be limited to:
(1)
An itemization of expenditures made from the Solid Waste Trust Fund for the
prevention and abatement of litter;
(2)
A compilation and analysis of litter prevention, collection, and enforcement
efforts;
(3)
An assessment of littering in this state;
(4)
A statement of progress in achieving a litter prevention ethic; and
(5)
Recommendations for improving litter abatement and prevention
efforts."
SECTION
3-3.
Said
chapter is further amended by striking paragraph (10) of Code Section 12-8-62,
relating to definitions relative to hazardous waste management, and inserting in
lieu thereof the following:
"(10)
'Hazardous waste' means any solid waste which has been defined as a hazardous
waste in regulations promulgated by the administrator of the United States
Environmental Protection Agency pursuant to the federal act which are in force
and effect on
February 1,
1996
January 1,
2006, codified as 40 C.F.R. Section 261.3
and any designated hazardous
waste."
SECTION
3-4.
Said
chapter is further amended by striking paragraph (4) of Code Section 12-8-92,
relating to definitions relative to hazardous site response, and inserting in
lieu thereof the following:
"(4)
'Hazardous substance' means any substance listed on the List of Hazardous
Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table
302.4, in force and effect on February 1, 1996, or any substance listed on the
List of Extremely Hazardous Substances and Their Threshold Planning Quantities,
codified as 40 C.F.R., Part 355, Appendix A, in force and effect on
February 1,
1996
January 1,
2006."
SECTION
3-5.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
adding a new Code section to read as follows:
"15-9-30.7.
(a)
Subject to the provisions of subsection (b) of this Code section, in addition to
any other jurisdiction vested in the probate courts, such courts shall have the
right and power to conduct trials, receive pleas of guilty, and impose sentence
upon defendants for violating any provision of Part 2, Part 3, or Part 3A of
Article 2 of Chapter 7 of Title 16 that is punishable for its violation as a
misdemeanor. Such jurisdiction shall be concurrent with other courts having
jurisdiction over such violations.
(b)
A probate court shall not have the power to dispose of misdemeanor cases as
provided in subsection (a) of this Code section unless the defendant shall first
waive in writing a trial by jury. If the defendant does not waive a trial by
jury, the defendant shall notify the court and, if reasonable cause exists, the
defendant shall be immediately bound over to a court in the county having
jurisdiction to try the offense wherein a jury may be
impaneled."
SECTION
3-6.
Said
title is further amended by adding a new Code section to read as
follows:
"15-10-2.1.
(a)
Subject to the provisions of subsection (b) of this Code section, in addition to
any other jurisdiction vested in the magistrate courts, such courts shall have
the right and power to conduct trials, receive pleas of guilty, and impose
sentence upon defendants for violating any provision of Part 2, Part 3, or Part
3A of Article 2 of Chapter 7 of Title 16 that is punishable for its violation as
a misdemeanor. Such jurisdiction shall be concurrent with other courts having
jurisdiction over such violations.
(b)
A magistrate court shall not have the power to dispose of misdemeanor cases as
provided in subsection (a) of this Code section unless the defendant shall first
waive in writing a trial by jury. If the defendant does not waive a trial by
jury, the defendant shall notify the court and, if reasonable cause exists, the
defendant shall be immediately bound over to a court in the county having
jurisdiction to try the offense wherein a jury may be
impaneled."
SECTION
3-7.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by striking Code Section 17-6-9, relating to acceptance of cash bonds in
lieu of statutory bond or recognizance by officers or officials authorized to
enforce the "Litter Control Law," and inserting in lieu thereof the
following:
"17-6-9.
Any
law enforcement officer or official of a political subdivision of this state who
is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title
16, the
'Litter Control Law,' and who is
authorized by the judge having jurisdiction of the offense to accept cash bonds
may accept a cash bond for the personal appearance at trial of the person
arrested in lieu of a statutory bond or recognizance. The procedures connected
with such cash bonds, including, but not limited to, duties of the arresting
officer, forfeiture, distribution of proceeds, and discretion of court as to
disposal of the cash bond, shall be the same procedures applicable to arrest by
a sheriff for a violation of any litter
law."
SECTION
3-8.
Said
title is further amended by adding a new Code section to read as
follows:
"17-7-73.
In
probate, magistrate, and municipal courts that have jurisdiction over violations
of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 that are
punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1,
or 36-32-10.3 such offenses may be tried upon a summons or citation with or
without an
accusation."
SECTION
3-9.
Chapter
6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation
of maintenance and use of public roads generally, and Title 40 of the Official
Code of Georgia Annotated, relating to motor vehicles and traffic, are amended
by striking Code Section 32-6-21, relating to securing loads on vehicles, and
inserting in lieu thereof in said Title 40 the following:
"32-6-21
40-6-248.1.
(a)
As used in this Code section, the term 'litter' has the meaning provided by
paragraph (1) of Code Section 16-7-42.
(a)(a.1)
No vehicle shall be driven or moved on any public road unless such vehicle is
constructed or loaded or covered so as to prevent any of its load from dropping,
escaping, or shifting in such a manner as to
create:
(1)
Create a safety
hazard;
or
(2)
Deposit litter on public or private property while such vehicle is on a public
road.
However,
this Code section shall not prohibit the necessary spreading of any substance in
public road maintenance or construction operations.
(b)
No person shall operate or load for operation, on any public road, any vehicle
with any load unless such load and any covering thereon is securely fastened so
as to prevent said covering or load from
becoming:
(1)
Becoming loose, detached, or in any manner
becoming a hazard to other users of the public
road;
or
(2)
Depositing litter on public or private property while such vehicle is on a
public road.
(c)
Nothing in this Code section nor any regulations based thereon shall conflict
with federal, Georgia Public Service Commission, or Georgia Board of Public
Safety regulations applying to the securing of loads on motor
vehicles.
(d)
The provisions of
paragraph (2)
of subsection (a) and paragraph (2) of
subsection (b) of this Code section and regulations based thereon shall not
apply to
vehicles
carrying
organic debris
that escapes during the transportation of
silage from field to storage and storage to feedlot or
vehicles or
equipment carrying unginned cotton
during the
transportation of agricultural or farm products or silvicultural products from
farm or forest to a processing
plant."
SECTION
3-10.
Said
chapter is further amended in Code Section 32-6-51, relating to erection,
placement, or maintenance of unlawful or unauthorized structure and removal
thereof, by striking subparagraph (d)(1)(B) and inserting in lieu thereof the
following:
"(B)
'Commercial
advertisement
advertisements'
means
a
any
printed or painted
sign
encouraging or promoting the purchase or use of goods or services but does not
include campaign posters, signs, or advertisements prohibited by Code Section
21-2-3
signs on a bus
shelter for which space has been rented or leased from the owner of such
shelter."
SECTION
3-11.
Article
1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions relative to municipal courts, is amended by adding a new
Code section to read as follows:
"36-32-10.3.
(a)
Subject to the provisions of subsection (b) of this Code section, in addition to
any other jurisdiction vested in the municipal courts, such courts shall have
the right and power to conduct trials, receive pleas of guilty, and impose
sentence upon defendants for violating any provision of Part 2, Part 3, or Part
3A of Article 2 of Chapter 7 of Title 16 that is punishable for its violation as
a misdemeanor. Such jurisdiction shall be concurrent with other courts having
jurisdiction over such violations.
(b)
A municipal court shall not have the power to dispose of misdemeanor cases as
provided in subsection (a) of this Code section unless the defendant shall first
waive in writing a trial by jury. If the defendant does not waive a trial by
jury, the defendant shall notify the court and, if reasonable cause exists, the
defendant shall be immediately bound over to a court in the county having
jurisdiction to try the offense wherein a jury may be
impaneled."
SECTION
3-12.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in Code Section 40-5-57, relating to suspension or
revocation of
driverś
licenses of habitually negligent or dangerous drivers and the points system, by
striking subparagraph (c)(1)(A) and inserting in lieu thereof the
following:
"(c)(1)(A)
Except as provided in subparagraph (C) of this paragraph, the points to be
assessed for each offense shall be as provided in the following
schedule:
Aggressive
driving.............................................................................................6
points
Reckless
driving.................................................................................................4
points
Unlawful
passing of a school
bus......................................................................6
points
Improper
passing on a hill or a
curve................................................................4
points
Exceeding
the speed limit by more than 14 miles per hour but
less
than 19 miles per
hour..............................................................................2
points
Exceeding
the speed limit by 19 miles per hour or more but
less
than 24 miles per
hour..............................................................................3
points
Exceeding
the speed limit by 24 miles per hour or more but
less
than 34 miles per
hour..............................................................................4
points
Exceeding
the speed limit by 34 miles per hour or more...................................6
points
Disobedience
of any traffic-control device or traffic officer...............................3
points
Too
fast for
conditions........................................................................................0
points
Possessing
an open container of an alcoholic beverage while driving................2 points
Failure to adequately secure a
load,
except fresh farm produce,
resulting
in loss of such load onto the roadway
which
results in
an
accident
or littering
from a motor
vehicle....................................................2
points
Violation
of child safety restraint requirements, first
offense............................1 point
Violation
of child safety restraint requirements, second or
subsequent
offense............................................................................................2
points
All
other moving traffic violations which are not speed limit
violations............................................................................................................3
points"
SECTION
3-13.
Said
title is further amended by striking Code Section 40-6-249, relating to
littering highways, and inserting in lieu thereof the following:
"40-6-249.
A
person
Any
person littering a highway in violation of
Part 2 of Article 2 of Chapter 7 of Title
16, the
'Litter Control Law,'
or driving,
moving, or loading for operation a vehicle in violation of Code Section
40-6-248.1 shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided in Code
Section
16-7-43."
PART
IV
SECTION 4-1.
SECTION 4-1.
The
Official Code of Georgia Annotated is amended by reserving the following former
designations:
(1)
Code Section 32-6-21; and
(2)
Code Section 21-2-3.
PART
V
SECTION 5-1.
SECTION 5-1.
All
laws and parts of laws in conflict with this Act are repealed.