§ 28-37. Enforcement.

(a)

Enforcing officers.

(1)

The board of commissioners shall name, by appropriate resolution, an employee of the county to serve as their designate and to oversee all matters concerning the enforcement of this article, to be known as the code enforcement officer.

(2)

The board of commissioners shall name, by appropriate resolution, such persons as they feel necessary, to be monitors. Such monitors shall be under the supervision of the code enforcement officer described in subsection (a)(1) of this section and shall patrol, inspect and monitor dumpster and compactor/dumpster sites to ensure compliance with this article.

(3)

The code enforcement officer, the sheriff and any deputy of the sheriff's office shall be authorized to issue citations to violators of any provision of this article or to the owner or any other person who may be in possession of any property upon which any condition exists which constitutes a violation of any provision of this article. Such citation shall be on a form approved for such use by the board of commissioners and shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the representative of the county who completes and serves it.

(b)

Rebuttable presumptions.

(1)

Whenever solid waste 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. In the case of a commercial or private hauler if the operator is unknown, then it shall be prima facie evidence that the company or owner of the service has violated this article.

(2)

Whenever any solid waste 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 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 that such person has violated this article. If such person can show that he lawfully gave possession, custody and control of such solid wastes to another person, then he shall make a sworn statement to that effect, supported by any documentary evidence available at which point the presumption shall shift to such other person.

(3)

Whenever this article is violated by an employee or agent, then the employer or principal shall be rebuttably presumed to have violated this article unless and until he shall provide a sworn statement providing the name, address and telephone number of the employee or agent who violated this article, the basis of the employer's or principal's knowledge of which individual violated this article, and a statement to the effect that the employee or agent acted outside the scope of his employment or agency.

(4)

If a person accused of violating this article on the basis of the rebuttable presumption created in subsection (b)(1) or (b)(2) of this section shall demonstrate by sworn testimony that another person had control of such litter, then the presumption shall shift to such other person.

(5)

No person accused of violating this article shall be arrested prior to trial, but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate, and required to post a bond to his future appearance.

(c)

Penalties. Pursuant to state law any person violating this article, or any provision hereof, upon conviction, shall be punished by one or more of the following:

(1)

By a fine up to $1,000.00; and/or

(2)

By imprisonment for a period of not more than 60 days.

(d)

Court proceedings.

(1)

Violations of this article shall be tried upon citations and may be tried with or without a prosecuting attorney as well as upon accusations. The district attorney may serve as prosecuting attorney.

(2)

Violations of this article shall be tried in the magistrate court of the county and shall be tried in accordance with O.C.G.A. ch. 15-10.

(3)

Nothing in this article shall prevent the board of commissioners from bringing any civil action for injunction, mandamus or other proceedings to prevent, correct, or abate any violation of this article. No sanction, penalty or remedy prescribed herein shall be considered exclusive of any other remedy, but shall be available in addition to any other sanction, penalty or remedy by law.

(4)

Any cost expended by the county to abate a nuisance, shall constitute a lien on the subject property and all property within the county of the abated person's property.

(5)

Nothing in this article will prevent state officials from undertaking state prosecution of state littering laws, in lieu of prosecution of county ordinances.

(6)

Each violation of this article shall constitute a separate offense. A continuing violation shall constitute a separate offense for each day during which such violation continues.