O.C.G.A.

O.C.G.A. § 16-7-47 (2019)

Designation of containers for household garbage; misuse or vandalization of container

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(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.

History

(Ga. L. 1979, p. 831, §§ 1-3; Ga. L. 2006, p. 275, § 2-1/HB 1320.)

Annotations

Cross references. - Solid waste handling, disposal, etc., § 12-8-20 et seq. Editor’s notes. - Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Comprehensive Litter Prevention and Abatement Act of 2006.’ ’’ Ga. L. 2006, p. 275, § 5-1/HB 1320, not

codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.

Law reviews. - For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

RESEARCH REFERENCES Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 398, 400 et seq.

C.J.S. - 39A C.J.S., Health and Environment, § 73.

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Sliney v. State, 391 S.E.2d 114 (Ga. 1990).

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Sliney v. State, 391 S.E.2d 114 (Ga. 1990). · cites it 4× “If the purpose of the ordinance is to prevent the scattering of the contents of the container around the container by those who wish to look through the contents, that purpose has already been established by OCGA § 16-7-47 (c) which provides in pertinent part: "It shall be…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.