title 4 public health - augusta, georgia

TITLE 4

PUBLIC HEALTH

Article I In General

Sec. 4-1-1. Short title.Sec. 4-1-2. Creation of animal control department; duties of animal control

officers—Generally.Sec. 4-1-3. Organization.Sec. 4-1-4. Implementation of state dangerous dog control law.Sec. 4-1-5. Riding horses, etc., in disorderly manner.Sec. 4-1-6. Duties and responsibilities of board members.Secs. 4-1-7—4-1-15. Reserved.

Article 2. Animals

Sec. 4-1-16. Definitions.Sec. 4-1-17. Vaccination; when required.Sec. 4-1-18. Evidence of vaccination.Sec. 4-1-19. Identification and vaccination tag to be worn.Sec. 4-1-20. Unauthorized attachment and removal of tags, collars.Sec. 4-1-21. Duty of owner to keep dog and cat under control; stray animals

prohibited.Sec. 4-1-22. Dogs on public streets to be on leash, etc.Sec. 4-1-23. Impounding dogs and cats at large.Sec. 4-1-24. Impounding dogs and cats where owner unknown.Sec. 4-1-25. Disposition of impounded animals.Sec. 4-1-26. Abandonment.Sec. 4-1-27. Cruelty.Sec. 4-1-28. Permitting female dog in heat to roam free.Sec. 4-1-29. Disposal of dead animals and fowl.Sec. 4-1-30. Urban services district declared bird sanctuary.Sec. 4-1-31. Killing, etc., wild or migratory birds.Sec. 4-1-32. Trapping wild birds; robbing nests.Sec. 4-1-33. Fowl running at large.Sec. 4-1-34—4-1-50. Reserved.

Article 3 Livestock

Sec. 4-1-51. Stock pens, etc., allowed by permission of board of health only;removal and abatement.

Sec. 4-1-52. Livestock running at large or stray.Sec. 4-1-53. Impoundment of livestock straying.Sec. 4-1-54. Notice of impoundment of livestock.Secs. 4-1-55—4-1-60. Reserved.

Article 4 Enforcement

Sec. 4-1-61. Penalty.Sec. 4-1-62—4-1-70. Reserved.

Article 5. Sterilization of Dogs and Cats

Sec. 4-1-71. Definitions.Sec. 4-1-72. Sterilization required; exceptions.Sec. 4-1-73. Failure to comply.

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Article 1. In General

Sec. 4-2-1. Smoking prohibited in Augusta-Richmond County buildings.Sec. 4-2-2. Unlawful dumping of debris; harborage of rats or other rodents;

accumulation of weeds and noxious vegetation on vacant lots andunoccupied parcels of land.

Sec. 4-2-3. Dumping of garbage and refuse collected outside county at countylandfill.

Sec. 4-2-4. Trespassing, scavenging on landfill prohibited.Sec. 4-2-5. Refuse acceptable for disposal at solid waste landfill.Sec. 4-2-6. Fees for use of Augusta-Richmond County solid waste landfill.

Article 2 Litter Control

Sec. 4-2-7. Definitions.Sec. 4-2-8. Certain deposits prohibited; exception.Sec. 4-2-9. Littering streets and sidewalks prohibited.Sec. 4-2-10. Placing, throwing, etc., dangerous objects in streets and side-

walks prohibited.Sec. 4-2-11. Keeping crates, boxes, etc., on streets and sidewalks prohibited;

exception.Sec. 4-2-12. Churches and public places; littering and spitting prohibited.Sec. 4-2-13. Distributing handbills and advertising matter in automobiles, on

private property prohibited; exceptions.Sec. 4-2-14. Transporting refuse in vehicles regulated.Sec. 4-2-15. Duty of owner, occupant, etc., to keep property litter free.Sec. 4-2-16. Duty of proprietors, business managers to insure cleanliness of

areas surrounding businesses.Sec. 4-2-17. Grass, leaves, tree trimmings, etc.Sec. 4-2-18. Owners, occupants, etc., of commercial, institutional or industrial

properties to provide containers for litter generated by customers,licenses or invitees.

Sec. 4-2-19. Parking lot owners to provide containers for litter generated fromlot operations.

Sec. 4-2-20. Work areas to be kept in clean condition.Sec. 4-2-21. Garbage storage areas to be kept clean.Sec. 4-2-22. Removal of litter, trash and debris resulting from special occa-

sions.Sec. 4-2-23. Removal of construction-site litter.Sec. 4-2-24. Cleaning of property at owner's expense.Sec. 4-2-25. Violations; penalties.Sec. 4-2-26. Unauthorized interference with receptacles or contents.Secs. 4-2-27—4-2-36. Reserved.

Article 3. Garbage Collection in Urban Services District

Sec. 4-2-37. Definitions.Sec. 4-2-38. Accumulation of garbage, etc.—Generally.Sec. 4-2-39. Collection days.Sec. 4-2-40. When garbage to be placed at curb; no backyard garbage pickup.Sec. 4-2-41. Paper, pasteboard boxes, etc. Required to be flattened for collec-

tion.Sec. 4-2-42. Same—Permit for removal.Sec. 4-2-43. Reserved.Sec. 4-2-44. Containers and receptacles—Generally.Sec. 4-2-45. Notice to occupant or owner to secure receptacle.Sec. 4-2-46. Unauthorized interference with receptacles or contents.Sec. 4-2-47. Putting acids or harmful fluids in receptacles.Sec. 4-2-48. Sanitation department employees to replace containers after

collection. (Reserved)

AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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Sec. 4-2-49. Removal of receptacles from streets or sidewalks following collec-tions.

Sec. 4-2-50. Fees for collection of commercial garbage.

Article 4. Disposal of Asbestos and Biological Waste

Sec. 4-2-51. Definitions.Sec. 4-2-52. Manifest form required.Sec. 4-2-53. Inspections.Sec. 4-2-54. Out-of-county waste prohibited.Sec. 4-2-55. Penalty for violation of article.

Article 5. Smoke Abatement

Secs. 4-2-56—4-2-71. Reserved.

Article 6. Scrap Tire Management

Sec. 4-2-72. Definitions.Sec. 4-2-73. Scrap tire storage, handling, and disposal—General.Sec. 4-2-74. AccumulationSec. 4-2-75. EnforcementSec. 4-2-76. Penalties

PUBLIC HEALTH

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Chapter 1

ANIMALS AND FOWL

ARTICLE I IN GENERAL

Sec. 4-1-1. Short title.

This chapter may be cited as the Animal Con-trol Ordinance of Augusta-Richmond County.

Sec. 4-1-2. Creation of animal control depart-

ment; duties of animal control

officers—Generally.

The Augusta-Richmond County Animal Con-trol Department is hereby established, and theCommission shall employ the necessary animalcontrol officers to administer and enforce theprovisions of this Chapter. The animal controlofficers shall have the authority to issue citationsfor violations of this Chapter and perform suchother duties as are prescribed herein. An animalcontrol officer shall wear a numbered badge iden-tifying him as an animal control officer.

Sec. 4-1-3. Organization.

The person in charge of the Augusta-RichmondCountyAnimal Control Department shall be knownas the director. The director shall enforce theprovisions of this Chapter, and he or his dulyauthorized representative shall perform any dutyimposed upon him by this Chapter.

(a) Director. The director may appoint suchnumbers of officers and other employeesas shall be authorized to carry out theduties of the department.

(b) Assistant director. The director may des-ignate an assistant director in the depart-ment, who shall, during the absence ordisability of the director, exercise all thepowers of the director.

(c) Records. The director shall keep, or causeto be kept, a record of the business of thedepartment.

(d) Reports. The director shall annually sub-mit a report to the Augusta-RichmondCounty administrator covering the workof the department during the precedingyear.

Sec. 4-1-4. Implementation of state danger-

ous dog control law.

(a) Designation of dog control officer. Pursuantto the provisions of the Dangerous Dog ControlLaw of the State of Georgia (Ga. L. 1988, p. 824),the director of animal control of Augusta-Rich-mond County is hereby designated dog controlofficer and shall administer and enforce the pro-visions of the Dangerous Dog Control Law.

(b) Animal control board. There is hereby cre-ated an animal control board of ten (10) members(plus an additional two members should the Rich-mond County Legislative Delegation choose toappoint two members) to be appointed for termsof four (4) years, to conduct hearings as requiredby O.C.G.A. § 4-8-24; provided, however, the ini-tial appointments shall be made as follows:

(1) Except as provided herein, members ofthe animal control board and dangerousdog board of Richmond County and theCity of Augusta who were serving on saidboards on January 1, 1997, having had nofixed terms, shall serve until their succes-sors are appointed and qualified.

(2) Members of the Animal Control AdvisoryBoard and the Dangerous Dog ControlBoard serving as of January 1, 1997, shallcontinue to serve until their successorsare appointed by the Commissioner rep-resenting the respective District and qual-ified and are to represent the districts asherein set forth, to wit:

a. Dr. Gary Wilkes District 1b. VACANT District 2c. Mary Walker District 3d. Elfriede B. Baggs District 4e. Lynn Brown District 5

§ 4-1-4PUBLIC HEALTH

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f. Dr. Lamar T. Walker District 6g. Carolyn Ann Marks District 7h. Linda Workman Bragg District 8i. Eleanor B. Shepherd District 9j. VACANT District 10

(3) The successors to the members represent-ing Districts 1, 3, 5, 7, and 9 shall serveuntil April 1, 1998, or until their succes-sors are appointed and qualified.

(4) The successors to the members represent-ing Districts 2, 4, 6, 8, and 10 shall serveuntil April 1, 2000, or until their succes-sors are appointed and qualified.

(5) Members of the board appointed by theCommissioner of the respective Districtsto succeed those appointed in subsections3 and 4 hereof shall serve for terms ofoffice of four (4) years and until theirsuccessors are appointed and qualified.

(6) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,such members shall serve for a term offour (4) years and until their successorsare appointed and qualified. In the eventthe appointed authority of the LegislativeDelegation is removed from the Consoli-dation Act, this subsection shall automat-ically be repealed.

(7) All terms shall expire on March 30 of theapplicable year, and new terms shall be-gin on April 1 of the applicable year.

(c) Fee for ownership of dangerous dog. Theowner of a dangerous dog or potentially danger-ous dog shall pay an annual fee to Augusta-Richmond County in the amount of one hundreddollars ($100.00).

Sec. 4-1-5. Riding horses, etc., in disorderly

manner.

It shall be unlawful for any person to run orride any horse, mule or other animal in a disor-derly manner through the streets of Augusta-Richmond County.

Sec. 4-1-6. Duties and responsibilities of

board members.

Members of the Animal Control Board shallhave as their duties and responsibilities, in addi-tion to administering the Dangerous Dog ControlLaw, as provided in Section 4-1-4 hereof, thefollowing:

(a) To work actively in educating the publicas to the need for sterilization of dogs andcats;

(b) To review and make recommendations tothe Augusta-Richmond County Commis-sion through the Administrator concern-ing the job performance of the Director ofthe Animal Control Department;

(c) To review and make recommendations tothe Augusta-Richmond County Commis-sion through the Administrator concern-ing the budgets and fiscal needs of theanimal control department;

(d) To attend meetings of the Animal ControlBoard;

(e) To review and make recommendations tothe Augusta-Richmond County Commis-sion concerning the policies governing theoperation of the Animal Control Depart-ment, including rules and regulations forthe operation of animal shelter facilitiesconsistent with rules and regulations ofthe Georgia Department of Agriculture;

(f) To review and make recommendations tocontrol the animal population; and

(g) To notify the appropriate authorities of avacancy on the Animal Control Board sothat a person may be appointed to com-plete unexpired or full terms.

(Ord. No. 6254, § 1, 4-4-00)


§ 4-1-4 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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ARTICLE 2. ANIMALS

Sec. 4-1-16. Definitions.

(a) Domestic animals . Dogs and cats andothers that live and breed in a tame condition.

(b) Livestock. All animals of the equine, bo-vine, or swine class, including goats, sheep, mules,horses, hogs, cattle, and other grazing animals.

(c) Own. To have legal ownership of, or topossess, keep, have custody or control over, orharbor.

(d) Owner. Any person, association, firm orcorporation, natural or artificial, owning, possess-ing, keeping, having custody of or control orauthority over, or harboring any domestic animalor livestock.

(e) Public roads. Any street, road, highway, orway, including the full width of the right-of-way,which is open to the use of the public for vehiculartravel.

(f) Running at large or straying. Any animalwhich is not under manual control of a person andwhich is on any public road or street of Augusta-Richmond County, or on any property not belong-ing to the owner of the animal, unless by permis-sion of the owner of such property.

(g) Urban Services District. That areacoterminous with the boundaries of former City ofAugusta, Georgia as said boundaries existed as ofDecember 31, 1995.

Sec. 4-1-17. Vaccination; when required.

(a) No owner shall own any dog or cat over four(4) months of age withinAugusta-Richmond Countyunless such dog or cat is vaccinated. The provi-sions of this section do not apply to animalsowned by a licensed research facility or held in aveterinary medical facility or government-oper-ated or licensed animal shelter. All dogs and catsshall be vaccinated against rabies by a licensedveterinarian, in accordance with the latest Com-pendium of Animal Rabies Vaccines and Recom-mendations for Immunization published by theNational Association of State Public Health Vet-erinarians.

(b) No person shall vaccinate dogs or catsagainst rabies who is not licensed to practiceveterinary medicine.

Sec. 4-1-18. Evidence of vaccination.

(a) Certificate of vaccination. Evidence of vac-cination shall consist of a certificate of vaccina-tion. The certificate with each item answeredshall be prepared in triplicate and signed by theveterinarian administering the vaccine. One (1)copy of the certificate shall be given to the owner,one (1) copy filed with the Richmond Countyhealth department, and one (1) copy retained bythe veterinarian. Any veterinarian is authorizedand required in connection with his practice toissue certificates of vaccination and vaccinationtags. The certificates of vaccination furnished tothe Richmond County health department shall bemaintained in an orderly indexed file for a periodof not less than three (3) years.

(b) Vaccination tags. Coincident with the issu-ance of the certificate of vaccination, the personauthorized to furnish the certificate shall alsofurnish to the owner of the vaccinated dog or cata serially numbered tag bearing the same numberas the certificate and the year thereon to beattached to the collar or harness worn by the dogor cat for which the certificate has been issued.

(c) Where three-year vaccine used. When theanimals have been vaccinated with a three-yearrabies vaccine, the director may issue or cause tobe issued an annual certificate of vaccination anda rabies vaccination tag each year for the two (2)additional years of the three-year vaccinationperiod provided the Richmond County healthdepartment's file copy of the certificate of vacci-nation shows that the animals have been given athree-year rabies vaccine; in the event the Rich-mond County health department's file copy of thecertificate of vaccination is unavailable, the owner'scopy or the veterinarian's copy of same may besubstituted therefor.

Sec. 4-1-19. Identification and vaccination

tag to be worn.

(a) Collar required. It shall be unlawful for theowner of any dog in Augusta-Richmond County toallow such dog to be without a collar which shall


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have attached a valid vaccination tag, as requiredby this Chapter and an identification showing thename and address of the owner of the dog.

(b) Duty of owner to provide collar. It shall bethe duty of each dog owner to provide a collar withidentification as provided herein and inoculationtag for each dog, except when such dog is underimmediate control of the owner or is participatingin a dog show or exhibition.

Sec. 4-1-20. Unauthorized attachment and

removal of tags, collars.

It shall be unlawful for any person to attach avaccination tag to any dog for which it was notissued, or to remove a vaccination tag or collarfrom a dog without the consent of its owner orcustodian.

Sec. 4-1-21. Duty of owner to keep dog and

cat under control; stray animals

prohibited.

It shall be unlawful for any animal to be out ofcontrol and/or unattended off the premises of itsowner, and/or upon the premises of another per-son without the permission of such other person.This section shall not apply to those dogs whichare actively engaged in hunting or field trials, orto those dogs and cats which are participating inanimal shows or exhibitions.

Sec. 4-1-22. Dogs on public streets to be on

leash, etc.

It shall be unlawful for any dog to be upon thepublic streets, except on a leash and accompaniedby an individual, or except when enclosed withina vehicle, cage, carton, crate, box or other suitablecontainer to prevent escape.

Sec. 4-1-23. Impounding dogs and cats at

large.

Any and all dogs and cats found running atlarge upon public places or the premises of an-other in violation of this article shall be immedi-ately impounded by the animal control depart-ment of Augusta-Richmond County.

Sec. 4-1-24. Impounding dogs and cats where

owner unknown.

In the event the owner of a dog or cat is notknown and such animal is upon the streets,alleys, sidewalks, school grounds, public places,or premises of another, any law enforcementofficer or agent or employee duly authorized byAugusta-Richmond County shall be authorized totake possession of such dog or cat and impound itin Augusta-Richmond County animal control de-partment shelter for detention, control and dispo-sition as provided in this article.

Sec. 4-1-25. Disposition of impounded ani-

mals.

(a) Impounded animals. If any animal be seizedor impounded at the Augusta-Richmond CountyAnimal Control Department Shelter, the officers,agents and employees of the shelter shall notifyby telephone the owner of such animal, if knownor if the owner can be reasonably ascertained,that the animal has been impounded. The ownerof any animal impounded may, within five (5)days after impoundment of such animal, reclaimthe animal upon payment for the period of timethe animal is impounded, including payment forany treatment rendered to said animal.

(b) Adoption of animals impounded. In theevent an animal is not claimed within the timeprovided herein, the Augusta-Richmond CountyAnimal Control Department may offer for adop-tion, by any person, any animal unredeemed orunclaimed by the owner, upon payment of anadoption fee. The person adopting an animal shallcarry the animal to a licensed veterinarian fortreatment and rabies vaccination within five (5)days of adoption.

(c) Unclaimed animals. If an animal is notreclaimed by the owner within the time pre-scribed herein or adopted out, then the Augusta-Richmond County Animal Control Departmentshall be authorized to dispose of said animal in ashumane and painless a manner as possible. Suchanimal, if not claimed or adopted as provided,may be donated to any public or private institu-tion for disposition.


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(d) Injured animals. In the event that an ani-mal is impounded which is injured beyond hope ofany recovery, it shall be within the discretion ofthe director to destroy said animal.

Sec. 4-1-26. Abandonment.

(a) No person shall release an animal on anyproperty, public or private, with the intention ofabandoning the animal.

(b) No person shall intentionally abandon adead animal on any private property belonging toanother unless the person so doing shall havefirst obtained permission from the owner of theproperty on which the animal is being left.

(c) No person shall abandon a dead animal onany public property or public right-of-way unlessthe place on which the animal is being left is anapproved sanitary landfill or other facility de-signed for receiving such and has been designatedby the Augusta-Richmond County Commission asa public facility for receiving trash or refuse.

Sec. 4-1-27. Cruelty.

(a) Prohibited. No person shall, by his act,omission or neglect, cause unjustifiable physicalpain, suffering or death to any living animal. Thissection does not apply to killing of animals raisedfor the purpose of providing food, nor does it applyto any person who hunts wild animals in compli-ance with the game and fish laws of this state.Killing or injuring an animal for humane pur-poses or in the furtherance of medical or scientificresearch is justifiable.

(b) Permitted acts. No person shall perform acruel act on any animal, nor shall any personharm, maim or kill any animal, or attempt to doso; except that a person may:

(1) Defend his person or property or the per-son or property of another from injury ordamage being caused by an animal; or

(2) Kill any animal causing injury or damageto livestock or poultry.

(c) Physical abuse. It is unlawful for any per-son to willfully or maliciously kill; maim; disfig-ure; torture; beat with a stick, chain, club or otherobject; mutilate, burn or scald with any sub-

stance; drive over or otherwise cruelly set uponany animal; except that reasonable force may beemployed to drive off vicious or trespassing ani-mals.

(d) Failure to care for and maintain. It isunlawful for any person to fail, refuse or neglectto provide any animal in his charge or custody, asowner or otherwise, with proper food, drink, shade,care or shelter, or to carry any animal in or uponany vehicle in a cruel or inhumane manner. Anyanimal habitually kept outside shall be providedwith a structurally sound, weatherproof enclo-sure, large enough to accommodate the animaland which meets all requirements established bythe Health Department regarding same.

(e) Keeping diseased or crippled animal. It isunlawful for any person to have, keep or harborany animal which is infected with any dangerousdisease or any incurable, painfully crippling con-dition. The Animal Control Department may im-pound such diseased or painfully crippled animal,and all such animals impounded may be de-stroyed as humanely as possible as soon thereaf-ter as conveniently possible. In the case of destruc-tion of such animal, the animal control departmentshall not be required to give any notice. Thissection shall not be construed to include veteri-nary hospitals or animals under active veterinarycare.

(f) Authority of animal control department incase of animal neglect. Whenever the animalcontrol department finds that any animal is orwill be without proper care because of injury,illness, incarceration or other voluntary absenceof the owner or person responsible for the care ofsuch animal, the animal control department maypick up such animal for protective care; and in theevent of sickness or injury, the animal controldepartment may take such action as called for toprevent undue pain and suffering, including im-mediate destruction of the animal. In the eventsuch animal is later released, in the discretion ofthe animal control department, to its owner, saidowner shall be required to reimburse the animalcontrol department for any expenses incurred intaking any action to care for said animal.


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Sec. 4-1-28. Permitting female dog in heat

to roam free.

All female dogs in heat shall be restrained suchthat they cannot roam or run free beyond thelimits of the property of their owners. It shall beunlawful for the owner or person responsible forthe care of such animal not to so restrict orconfine said female dog.

Sec. 4-1-29. Disposal of dead animals and

fowl.

(a) It shall be unlawful to throw or place anydead fowl or animal on the streets or alleys ofAugusta-Richmond County. Such fowl or animal,where size will permit, shall be placed in a cov-ered receptacle and the sanitary department no-tified immediately.

(b) It shall be unlawful for the owner of anydead animal carcass to allow the same to remainin Augusta-Richmond County without disposingof same as provided for herein. Such owner shallimmediately dispose of the same. If any suchowner violates this section, the Commission,through its agents and employees, shall proceedto remove and dispose of such dead animal car-cass, and the owner shall be liable to the Com-mission and shall pay toAugusta-Richmond Countythe sum of twenty dollars for such removal anddisposal.

Sec. 4-1-30. Urban services district declared

bird sanctuary.

The territory within the Urban Services Dis-trict is hereby declared to be a bird sanctuary.

Sec. 4-1-31. Killing, etc., wild or migratory

birds.

It shall be unlawful for any person to maim,kill or in any manner injure any wild or migratorybird within the Urban Services District.

Sec. 4-1-32. Trapping wild birds; robbing

nests.

It shall be unlawful for any person to trap anymocking bird or any other wild bird, or rob thenests thereof of eggs or young, in any of Augusta-Richmond County cemeteries or upon or around

the basin, reservoir or pumping station of thewaterworks, or elsewhere within the Urban Ser-vices District.

Sec. 4-1-33. Fowl running at large.

It shall be unlawful for chickens, geese, ducksor other fowl to run at large upon the streets or inthe confines of public or private parks of Augusta-Richmond County.

Sec. 4-1-34—4-1-50. Reserved.

ARTICLE 3 LIVESTOCK

Sec. 4-1-51. Stock pens, etc., allowed by per-

mission of board of health only;

removal and abatement.

It shall be unlawful for any person to establish,keep or maintain any stock pen, or place of likecharacter, for stock, cattle, hogs, sheep or goats,or any like purpose, in the Urban Services Dis-trict, except by the permission and under thedirection of the board of health. In place of anyaction imposing a fine, any court with jurisdictionto enforce this code may, acting under the provi-sion made in Sec. 41-2-5 of the Code of Georgia,order the abatement of such stock pen or likeplace. No case shall be tried under this sectionexcept upon institution and prosecution of it bythe board of health.

Sec. 4-1-52. Livestock running at large or

stray.

It shall be unlawful for any livestock to run atlarge or to stray upon the public roads of Augusta-Richmond County or any property not belongingto the owner of the livestock, except by permissionof the owner of such property.

Sec. 4-1-53. Impoundment of livestock stray-

ing.

(a) It shall be the duty of the Augusta-Rich-mond County Animal Control Department offic-ers to impound livestock found to be running atlarge or straying. Owners or operators of a farmmay also impound such livestock, provided that


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the livestock is kept in a suitable place and caredfor properly. Such owners or operators shall re-ceive the feed and care fee for such animal.

(b) If the owner or operator of a farm im-pounds livestock, it shall be his duty to notify theowner of such livestock immediately. If the ownerof the livestock is unknown and is not determinedwithin three (3) days, the person who impoundsthe livestock shall notify the Augusta-RichmondCounty Animal Control Department of such im-poundment, and the Animal Control Departmentshall transport the livestock as soon as possible toa suitable place and care for it properly, with theowner responsible to Augusta-Richmond Countyfor the feed and care fee for such animal.

Sec. 4-1-54. Notice of impoundment of live-

stock.

Upon the impounding of any livestock by theAugusta-Richmond County Animal Control De-partment, said department shall notify the owner,advising such owner of the livestock that theanimal is impounded at the shelter, the amountdue as a result of such impounding, and thatunless such livestock is redeemed within five (5)days from date of impoundment the livestockshall be offered for adoption. In the event theowner of such livestock is unknown or cannot befound, service upon the owner shall be obtainedby publishing a notice one (1) time in a newspaperof general circulation where the livestock is im-pounded.


ARTICLE 4 ENFORCEMENT

Sec. 4-1-61. Penalty.

Any person or persons failing to comply withthe lawful provisions of this chapter or doing anyact prohibited hereby or failing to do any actmandated hereby shall be guilty of an offense,and upon trial as a misdemeanor and convictionshall be subject to the penalties provided by Sec.1-6-1.

Sec. 4-1-62—4-1-70. Reserved.

ARTICLE 5. STERILIZATION OF DOGS

AND CATS


As used in this article, the term:

(a) Animal shelter. Any facility operated by orunder contract for the state or any county,municipal corporation, or other politicalsubdivision of the state for the purposes ofimpounding or harboring seized, stray,homeless, abandoned, or unwanted dogs,cats, and other animals; any veterinaryhospital or clinic operated by a veterinar-ian or veterinarians which operates forsuch purpose in addition to its customarypurposes; and any facility operated, owned,or maintained by a duly incorporated hu-mane society, animal welfare society, orother nonprofit organization for the pur-pose of providing for and promoting thewelfare, protection, and humane treat-ment of animals.

(b) Humane society. Any unincorporated non-profit organization existing for the pur-pose of prevention of cruelty to animals.

(c) Public or private animal refuse. Harbor-ers of unwanted animals of any breed,including crossbreeds, who provide food,shelter, and confinement for a group ofdogs, a group of cats, or a combination ofdogs and cats.

(d) Sexually mature animal. Any dog or catthat has reached the age of one hundredeighty (180) days or six (6) months ormore.

(e) Sterilization. The surgical removal of thereproductive organs of a dog or cat inorder to render the animal unable to re-produce.

Sec. 4-1-72. Sterilization required; excep-

tions.

(a) Any public or private animal shelter, ani-mal control agency operated by a political subdi-vision of this state, humane society, or public or


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private animal refuse shall make provisions forthe sterilization of all dogs or cats acquired fromsuch shelter, agency, society, or refuge by:

(1) Providing sterilization by a licensed vet-erinarian before relinquishing custody ofthe animal; or

(2) Entering into a written agreement withthe person acquiring such animal guaran-teeing that sterilization will be performedby a licensed veterinarian within thirty(30) days after acquisition of such animalin the case of an adult animal or withinthirty (30) days of the sexual maturity ofthe animal in the case of an immatureanimal; provided, however, that the re-quirements of this Code section shall notapply to any privately owned animal whichany such shelter, agency, society, or refugemay have in its possession for any reasonif the owner of such animal claims orpresents evidence that such animal is theproperty of such person.

(b) All costs of sterilization pursuant to thisChapter shall be the responsibility of the personacquiring such animal and, if performed prior toacquisition, may be included in any fees chargedby the shelter, agency, society, or refuge for suchanimal.

(c) Any person acquiring an animal from apublic or private animal shelter, animal controlagency operated by a political subdivision of thisstate, humane society, or public or private animalrefuse, which animal is not sterile at the time ofacquisition, shall submit to the animal shelter,animal control agency, humane society, or publicor private animal refuge a signed statement fromthe licensed veterinarian performing the steriliza-tion required by paragraph (2) of subsection (a) ofthis Code section within seven (7) days after suchsterilization attesting that such sterilization hasbeen performed.

(d) Every public or private animal shelter,animal control agency operated by a politicalsubdivision of this state, humane society, or pub-lic or private animal refuse selling or offering forsale or exchange any dog or cat shall maintainand furnish to any person acquiring an animalfrom such shelter, agency, society, or refuge a

current list of veterinarians licensed in this statewho have notified the shelter, agency, society, orrefuge that they are willing to perform steriliza-tions and the cost for such procedures.

Sec. 4-1-73. Failure to comply.

It shall be a misdemeanor to fail or refuse tocomply with the requirements of Sec. 4-1-72 andany person convicted of said misdemeanor shallbe subject to a fine not to exceed two hundreddollars ($200.00).


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Chapter 2

HEALTH AND SANITATION

ARTICLE 1. IN GENERAL

Sec. 4-2-1. Smoking prohibited in Augusta-

Richmond County buildings.

(a) Definitions. For purposes of this section,the following definitions shall apply:

(1) Public building. Any enclosed building,structure or indoor facility owned, oper-ated, leased or managed by Augusta-Richmond County which is used by oropen to the public, including without lim-itation, public transportation, enclosed ar-eas occupied by Augusta-Richmond Countystaff, open office areas, shared offices,private offices, hallways, restrooms, esca-lators, elevators, stairways, lobbies, recep-tion and waiting rooms, classrooms, meet-ing or conference rooms and auditoriums,on-site cafeterias, lunchrooms, lounges andany facility, school or educational institu-tion being used by Augusta-RichmondCounty for the purpose of providing class-room instruction.

(2) Smoking. Inhaling, exhaling, burning orcarrying any lighted cigar, cigarette, pipe,weed, plant or other combustible sub-stance in any manner or in any form.

(b) No person shall smoke in any public build-ing as defined in this section.

(c) Nothing in this section shall be deemed,interpreted, or construed to permit smoking inany public place or area where smoking is prohib-ited or restricted by other applicable law.

(d) No Smoking signs with letters of not lessthan one (1) inch in height shall be conspicuouslyposted in every building, structure or facilitywhere smoking is prohibited by this section by theoperator, manager or other person having controlof such building, structure, facility or other place.

(e) If any provision of this section or the appli-cation thereof to any person or circumstances areheld to be invalid, such invalidity shall not affect

other provisions or applications of this sectionwhich can be given effect without the invalidprovisions or application, and to this end, theprovisions of this ordinance are severable.

(f) Any person or persons failing to complywith the lawful provisions hereof or doing any actprohibited hereby or failing to do any act man-dated hereby shall be guilty of an offense, andupon trial as a misdemeanor and conviction shallbe subject to the penalties provided by section1-6-1.

Sec. 4-2-2. Unlawful dumping of debris; har-

borage of rats or other rodents;

accumulation of weeds and nox-

ious vegetation on vacant lots and

unoccupied parcels of land.

(a) Prohibition. No owner of any vacant lot orparcel of land within Augusta-Richmond Countyshall permit or allow the harborage of rats orother rodents, debris to be dumped or old lumberand building material to be piled thereon, norshall he permit or allow grass, weeds, vines,underbrush or other growth to grow or accumu-late thereon, or on the area between the lot orparcel of land and the street curb, so as toconstitute an unclean, unhealthy, unsanitary, un-sightly, filthy, dangerous, objectionable or offen-sive condition.

(b) Abatement. Whenever the code enforce-ment officer discovers that the provisions of thesubsection (a) are being violated, he shall give theowner, his agent or other representative ten (10)days' written notice by mail, directed to his last-known address, that the condition shall be reme-died within ten (10) days; and if, after the expi-ration of the ten (10) days the condition is notremedied, the zoning enforcement officer shallcause the work to be done and tax the cost of thework against the owner and the property in thesame manner and under the same terms as thecost of other public improvements is taxed. Thecost shall constitute a lien against the property,and the delinquent tax collector shall issue a fi. fa.in the name of Augusta-Richmond County, actingby and through its Commission, for the cost, and


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levy the fi. fa. upon, and expose for sale, theproperty in the same manner as levies and salesunder tax fi. fas. are now executed.

(c) Violation; penalty. In addition to causingthe condition of the property to be remedied asauthorized in subsection (b), in the event that thecondition is not remedied by the owner at theexpiration of ten (10) days, the zoning enforce-ment officer shall make a case against the offend-ing party and upon trial and conviction thereof,the offending party shall be subject to the penal-ties provided by section 1-6-1.(Ord. No. 6718, § 1, 9-4-04)

Sec. 4-2-3. Dumping of garbage and refuse

collected outside county at county

landfill.

(a) Prohibited. It shall be unlawful for anyperson to dump garbage and refuse at the Augusta-Richmond County landfill, owned and operated byAugusta-Richmond County, Georgia, when saidgarbage or refuse was not collected in RichmondCounty, Georgia, except pursuant to written con-tract or prior approval by the Augusta-RichmondCounty Administrator.

(b) Penalty for violation of section. Any personwho shall violate this section shall be chargedwith each and every violation, and upon trial andconviction, shall be subject to the penalties pro-vided in Sec. 1-6-1.

Sec. 4-2-4. Trespassing, scavenging on land-

fill prohibited.

(a) No person shall knowingly and withoutauthority enter upon the land or premises, now orin the future, designed as an Augusta-RichmondCounty landfill site without the express permis-sion of the director of the landfill or his delegate;nor shall any person knowingly and without au-thority remain upon the land or premises, now orin the future, designed as a landfill site, after thepermission of the director of the landfill or hisdelegate has been withdrawn.

(b) No person shall knowingly and withoutauthority remove any materials from the land orpremises now or in the future designed as alandfill site, including but not limited to material

constituting residential and commercial solid waste,trash, tin cans, glass bottles, garbage, rubbish,discarded materials, sand, gravel, slag, or otherrefuse.

(c) Any person or persons failing to complywith the lawful provisions of this section or anyact prohibited hereby or failing to do any actmandated hereby shall be guilty of an offense andupon trial as a misdemeanor and conviction, shallbe subject to the penalties provided in Sec. 1-6-1.

Sec. 4-2-5. Refuse acceptable for disposal at

solid waste landfill.

(a) The following refuse shall be considered tobe acceptable for disposal by the county:

(1) Garbage. Putrescible animal and vegeta-ble wastes resulting from the handling,preparation, cooking and/or consumptionof foods.

(2) Ashes. The residue from the burning ofwood, coal, coke or other materials.

(3) Rubbish. Non-putrescible solid wastes ex-cluding ashes, consisting of paper, card-board, tin cans, yard clippings, wood, glass,bedding, crockery, metals and any treetrunks, limbs or other wood products,provided that any such items larger thanfour (4) inches in diameter, shall be cutinto four-foot lengths.

(4) Dead animals. Small dead animals, notexceeding seventy-five (75) pounds inweight, which die in the normal course ofcommunity activity, excluding condemnedanimals, shall be accepted at the disposalsite upon request.

(b) The following refuse shall be considered tobe unacceptable for disposal by the county:

(1) Dangerous materials or substances, suchas poisons, acids, caustics, infected mate-rials and explosives.

(2) Unusual quantities of materials resultingfrom the repair, excavation or construc-tion of buildings or structures, such asearth, plaster, mortar and roofing materi-als.


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(3) The solid wastes resulting from industrialprocesses.

(4) Solid waste that has been burned and hasany evidence of smoke, spark or fire re-maining.

(5) Sealed drums. Each drum must have anopen top for inspection. No drum for liq-uid storage will be accepted for disposal.

(c) A separate area shall be provided at thelandfill for the disposal of stumps, logs, otherbuilding materials, and tires that cannot be de-posited in the regular landfill site.

(d) All industrial, governmental and commer-cial waste haulers shall place a decal furnished byAugusta-Richmond County on their vehicle thatdenotes the cubic yard capacity being hauled intothe landfill.

(e) The fees for the disposal of refuse shall befixed from time to time by the Augusta-RichmondCounty Commission and kept on file in the officeof the county administrator and shall be pub-lished at the landfill site.

Sec. 4-2-6. Fees for use of Augusta-Rich-

mond County solid waste land-

fill.

(a) Fees. The following fees shall be chargedfor the use of the Augusta-Richmond County solidwaste landfill.

Asbestos . . . . . . . . . . . . . . . $ 20.00 per cubic yard

Inert waste disposal. . . . . . . 16.75 per ton

Metal . . . . . . . . . . . . . . . . . 0.00 per ton

Mulch purchase (small pickuptruck) . . . . . . . . . . . . . . . . . 5.00 per load

Mulch purchase (large pickuptruck) . . . . . . . . . . . . . . . . . 10.00 per load

Mulch purchase (commercial). 15.00 per ton

Non-profit organizationswaste disposal (withadministrator's approval) . . . 23.50 per ton

Non-tarped loads/private ve-hicle . . . . . . . . . . . . . . . . . . 25.00 each occurrence

Non-tarped loads/commercialvehicle. . . . . . . . . . . . . . . . . 75.00 each occurrence

Residential disposal (threebags or less) . . . . . . . . . . . . 0.00

Residential disposal (four bagsto six bags) . . . . . . . . . . . . . 2.00 per load

Residential disposal (smalltruck or trailer) . . . . . . . . . . 7.50 per load

Solid waste (municipal solidwaste, construction and dem-olition, special waste) dis-posal . . . . . . . . . . . . . . . . . . 33.50 per ton

Solid waste (2,000—4,999 tonsper month) disposal . . . . . . . 30.50 per ton

Solid waste (5,000—9,999 tonsper month) disposal . . . . . . . 27.50 per ton

Solid waste (10,000 or greatertons per month) disposal . . . 24.50 per ton

Solid waste with beneficialuse—Such materials as areusable at the landfill for dailycover and other uses and shallinclude, but not be limited tobrick slag and other usablematerials. . . . . . . . . . . . . . . 10.00 per ton

The director of the landfill or his designeereserves the right to determine what is "usable",to limit the quantity of "usable" materials re-ceived by the landfill for any given period of time,and to receive only so much "usable" materials asare consumable by the landfill in the sole discre-tion of the director.

Tires (17 inch or smaller). . . $ 3.00 each

Tires (larger than 17 inch) . . 8.00 each

Tires (truckload) . . . . . . . . . 180.00 per ton

Vehicle permit sticker . . . . . 100.00 per calendar year

(b) Fee increases. Fees for each item listedabove may from time to time be increased at thediscretion of the administrator. The increase allo-cated for any calendar year shall not exceed onedollar ($1.00) for any item listed above. Should afull one dollar ($1.00) increase not be exercisedthe allocation of a portion equaling up to onedollar ($1.00) from that year within the unusedallocation may carry forward and be used in thefollowing year not to exceed two dollars ($2.00),and so on up to a maximum of three (3) years. Atno time shall the increase at the administrator'sdiscretion exceed three dollars ($3.00) for anyitem listed above.


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(c) Fee decrease. Fees for each item listed abovemay from time to time be decreased at the discre-tion of the administrator. The decrease allocatedfor any calendar year shall not exceed one dollars($1.00) for any item listed above. Should a full onedollar ($1.00) decrease not be exercised the allo-cation of a portion equaling up to one dollar($1.00) from the year within the unused allocationmay carry forward and be used in the followingyear not to exceed two dollars ($2.00) and so on upto a maximum of three (3) years. At no time shallthe decrease at the administrator's discretionexceed three dollars ($3.00) for any item listedabove.(Ord. No. 6238, § 1, 1-4-00; Ord. No. 6778, § 2,8-1-04; Ord. No. 6793, § 2, 5-17-05)

ARTICLE 2 LITTER CONTROL


(a) Commission. TheAugusta-Richmond CountyCommission, or its designated representative.

(b) Litter. All sand, gravel, slag, brickbats, rub-bish, waste material, tin cans, refuse, garbage,trash, debris, dead animals or discarded materi-als of every kind and description.

(c) Person. Any person, firm, partnership, cor-poration or unincorporated association.

(d) Public or private property. The right-of-wayof any road or highway; any body of water orwatercourse or the shores or beaches thereof; anypark, playground, building, refuge, or conserva-tion or recreation area; and residential or farmproperties, timberlands or forests in Augusta-Richmond County.

(e) Road or street shall be mutually inclusiveand shall likewise be deemed to include any alley,lane, court and other thoroughfare, however de-scribed or designated.

Sec. 4-2-8. Certain deposits prohibited; ex-

ception.

It shall be unlawful for any person or personsto dump, deposit, throw or leave, or cause or

permit the dumping, depositing, placing, throw-ing or leaving of litter on any public or privateproperty in Augusta-Richmond County unless:

(a) The property is designated by Augusta-Richmond County for the disposal of litterand the person is authorized by the properpublic authority to use such property;

(b) The litter is placed into a litter receptacleor container installed on such property; or

(c) The person is the owner or tenant inlawful possession of such property or hasfirst obtained consent of the owner ortenant in lawful possession or unless theact is done under the personal direction ofthe owner or tenant, all in a matter con-sistent with the public welfare.

Sec. 4-2-9. Littering streets and sidewalks

prohibited.

It shall be unlawful for any person to place,store, dump, park or broadcast any junk, metal,brickbats, stones, plaster, lumber, trash, garbage,litter, paper or similar rubbish and junk upon anypublic street or sidewalk in Augusta-RichmondCounty. As used in this Section, "junk" includeswithout limitation appliances, furniture and otherbulk items not considered usual household gar-bage. The sanitation department is not responsi-ble for collection and/or disposal of such junk, andsuch junk shall not be collected by the sanitationdepartment, but must be disposed of by the ownerof the property on which it is located.

Sec. 4-2-10. Placing, throwing, etc., danger-

ous objects in streets and side-

walks prohibited.

It shall be unlawful for any person to place orto throw or to leave or abandon on any street inAugusta-Richmond County any glass bottle or caror the fragments thereof, or any broken glassbottle or crockery or any kind. or nails, tacks,brickbats, or any article or object likely to injurebarefoot persons using such streets or sidewalksor to injure or puncture the tires of vehiclesutilizing pneumatic tires for their locomotion.


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Sec. 4-2-11. Keeping crates, boxes, etc., on

streets and sidewalks prohib-

ited; exception.

It shall be unlawful for any person to keep onthe streets or sidewalks in Augusta-RichmondCounty any crates, boxes, or any similar contain-ers, except authorized trash receptacles.

Sec. 4-2-12. Churches and public places; lit-

tering and spitting prohibited.

It shall be unlawful for any person to spit orthrow hulls, peelings or other litter upon thesidewalk or in or upon the floors of churches,public halls, theaters, buses, auditoriums, andother similar public places.

Sec. 4-2-13. Distributing handbills and ad-

vertising matter in automobiles,

on private property prohibited;

exceptions.

(a) It shall be unlawful to place in or on anyautomobile inAugusta-Richmond County any hand-bill, circular, pamphlet, poster, postcard, or otherliterature except with the permission, express orimplied, of the owner or occupant of such automo-bile.

(b) It shall be unlawful for any person to placeon private property any handbill, circular, pam-phlet, poster, postcard, or other literature exceptwith the permission, express or implied, of theowner of the property or intended recipient.

Sec. 4-2-14. Transporting refuse in vehicles

regulated.

(a) Regulations for all vehicles.

(1) It shall be unlawful for any person, firmor corporation to transport any garbage,trash, refuse or other cargo upon thepublic thoroughfares in Augusta-Rich-mond County if the same is of a characteror substance which is likely to be depos-ited from the motor vehicle onto the pub-lic rights-of-way, unless the same is se-cured by containers, tarpaulin, or otherdevice in such fashion as to effectivelyprevent such deposit on the public rights-of-way.

(2) No regulated quantities of hazardouswastes may be collected and transportedexcept in accordance with the provisionsof the Georgia Hazardous Waste Manage-ment Act, O.C.G.A. § 12-8-60 et seq.

(3) It shall be unlawful for any person, firm,business, or corporation to transfer refusebetween vehicles on any public property,including without limitation public rights-of-way.

(b) Additional regulations for commercial solidwaste collection and transportation vehicles andcontainers. it shall be unlawful for any person,firm, business, or corporation to engage in thebusiness of transporting refuse as defined inAugusta-Richmond County Code section 4-2-5 un-less and until the following conditions are met:

(1) Business tax certificate. Prior to commenc-ing business to transport refuse, a busi-ness tax certificate to conduct such busi-ness must be obtained as provided inAugusta-Richmond County Code Section2-1-1, et seq. Prior to the use and opera-tion of any solid waste collection andtransportation vehicle, such vehicle shallbe thoroughly inspected and examined bythe Marshall's Department and found tocomply with theAugusta-Richmond CountyCode. All such businesses shall indicatecompliance with this Section by display-ing on each commercial solid waste collec-tion and transportation vehicle a stickerissued for such purpose by the Marshall'sDepartment. Business tax certificates andvehicle stickers shall be renewed annu-ally. The annual inspection fee for compli-ance with this section shall be twenty-fivedollars ($25.00) upon enactment of thissection.

(2) Vehicle and container construction. Solidwaste collection and transportation vehi-cles and containers shall be enclosed witha non-plyable material, substantially leak-proof, durable, and of easily cleanableconstruction, and shall be inspected bythe Marshall's Department every six (6)months to ensure the continued mainte-nance of such vehicles and containers.


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The date showing the last inspection shallbe shown on the sticker described herein.

(3) Vehicle and container maintenance. Solidwaste collection and transportation vehi-cles and containers shall be maintained atall times in clean condition and in goodrepair, and free of excessive noise, odorand emissions.

(4) Littering and spillage. Solid waste collec-tion and transportation vehicles and con-tainers shall be loaded and moved in suchmanner that the contents will not fall,leak or spill therefrom and shall be cov-ered when necessary to prevent blowingof material from the vehicle.

(Ord. No. 6235, § a, 12-21-99)

Sec. 4-2-15. Duty of owner, occupant, etc.,

To keep property litter free.

The owners, occupants and lessees of all prop-erty, jointly and severally, are required to removeall litter and place the same in proper containers.Vacant lots, borders, parking lots, embankments,fences, walls and sidewalks shall be kept free oflitter. Parking lots, shopping centers, conveniencestores, drive-in restaurants and all other commer-cial and industrial enterprises shall see to it thattheir respective properties are kept litter free.

Sec. 4-2-16. Duty of proprietors, business

managers to insure cleanliness

of areas surrounding businesses.

(a) The proprietor and person in charge ofevery business and commercial establishment inAugusta-Richmond County, jointly and severally,is hereby required to keep the driveways, yards,parking lots and areas adjacent thereto and un-der his control clean at all times and to placesweepings in a container to prevent rescattering.

(b) Any proprietor or person in charge of abusiness which offers curb service shall be respon-sible for all paper, trash or other refuse depositedon the street or sidewalk by his customers. Anyperson in front of whose place of business retail orwholesale transactions are made shall be respon-sible for all trash or other refuse deposited on thestreet or sidewalk as the result of such transac-tions.

(c) It shall be unlawful for any property owneror tenant to permit waste paper, paper cups orfood containers of any kind to remain unsecuredon his property, but the same shall be placed in aclosed container immediately after use. It shallalso be unlawful for any property owner or tenantto permit any waste paper, paper cups or otherpaper products to blow from any premises ownedor controlled by him onto the streets of Augusta-Richmond County.

Sec. 4-2-17. Grass, leaves, tree trimmings,

etc.

(a) Prohibited in streets or gutters. It shall beunlawful to place grass, leaves, shrubbery trim-mings, brush, limbs, trees or parts thereof, or anysimilar materials in the streets or gutters withinAugusta-Richmond County. Any person engagedin the business of horticulture or landscape gar-dening or landscape maintenance such that suchmaterials are created as a result of said businessshall be responsible for disposing of said materi-als.

(b) Collection. Grass, leaves or shrubbery trim-mings and similar materials in the Urban Ser-vices District shall be placed in closed containersor bags, and only brush, limbs, trees or partsthereof, and similar materials which are no morethan four feet long and/or four inches in diameterand weigh no more than fifty (50) pounds, all ofwhich are required to be placed in a neat, orderlypile between the curb and sidewalk for collectionaccording to the collection schedule published byAugusta-Richmond County.

(c) Disposal required. Material not eligible forcollection as set out in subsection (b) hereof shallnot be collected, and it shall be the responsibilityof the property owner, or the person engaged inthe business of horticulture or landscape garden-ing or landscape maintenance, to dispose of saidmaterial.

(d) Cleaning of property at owner's expense;violations. In the event Augusta-Richmond Countydiscovers such material on property within Au-gusta-Richmond County, Augusta-RichmondCounty shall leave a written notice at the prop-erty which notifies the owner of his/her responsi-bility to dispose of the material, or shall provide


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written notice by mail to the person engaged inthe business of horticulture or landscape garden-ing or landscape maintenance. In the event thematerial is not disposed of according to this Sec-tion within fifteen (15) days of said written notice,Augusta-Richmond County shall have the option,but shall not be required, to collect and dispose ofsaid material, with the cost of such collection anddisposal billed to the property owner or otherresponsible party. If such cost is not paid by theproperty owner within ten (10) of the date ofbilling, then execution may be issued by theAugusta-Richmond County Commission againstthe property upon which such service is renderedfor the cost thereof, and such execution shallconstitute a lien against the property until fullypaid and satisfied. Said execution may be en-forced in the same manner, and with the additionof interest and costs, as provided by law for theenforcement of executions for ad valorem taxes.Any person or party violating this section may beprosecuted and, if convicted, shall be subject tothe penalties provided in section 1-6-1.

Sec. 4-2-18. Owners, occupants, etc., of com-

mercial, institutional or indus-

trial properties to provide con-

tainers for litter generated by

customers, licenses or invitees.

Every owner, occupant, tenant and lessee usingor occupying any commercial, institutional orindustrial building or property shall be obligated,jointly and severally, to provide litter containersof such character, size, number and type as maybe specified by Augusta-Richmond County to bereasonably required to hold litter generated byoperations of the premises. Specifically, and with-out limiting the generality of the foregoing, therequirement for such containers shall apply toshopping centers, supermarkets, conveniencestores, fast-food restaurants, service stations andsimilar establishments; and shall likewise applyto commercial establishments, garages, schools,colleges, and churches.

Sec. 4-2-19. Parking lot owners to provide

containers for litter generated

from lot operations.

Every owner and every operator of a private orcommercial parking lot shall provide litter con-

tainers of adequate size, character and number,as specified by Augusta-Richmond County, to con-tain the litter generated by the operations of suchparking lot.

Sec. 4-2-20. Work areas to be kept in clean

condition.

All work areas, including, but not limited to,loading and unloading areas, shall be providedwith containers for the deposit of litter created bypacking or repacking operations; and the owner ofthe premises and the occupant thereof shall jointlyand severally maintain surveillance to ensurethat all litter is placed in the proper container andthe area is kept clean.

Sec. 4-2-21. Garbage storage areas to be kept

clean.

Every owner, occupant and lessee of a house orbuilding shall be jointly and severally required tomaintain garbage storage areas in a clean condi-tion and to ensure that all garbage is properlycontainerized.

Sec. 4-2-22. Removal of litter, trash and de-

bris resulting from special occa-

sions.

Litter, trash and debris resulting from specialoccasions such as holidays, moving or cleanup willbe made into bundles weighing not more thanfifty (50) pounds each and not more than four (4)feet long, two (2) feet wide and two (2) feet high,and made secure. Empty cartons will be brokendown before being placed in bundles. Bundles willbe placed at or near the front property line forpickup.

Sec. 4-2-23. Removal of construction-site lit-

ter.

Property owners and prime contractors in chargeof a construction-site are jointly and severallyrequired to furnish litter containers for construc-tion litter. All litter from construction and relatedactivities shall be containerized and shall bepicked up and placed in containers at the end ofeach workday.


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Sec. 4-2-24. Cleaning of property at owner's

expense.

In the event Augusta-Richmond County discov-ers that litter has been illegally placed on privateproperty within Augusta-Richmond County, writ-ten notice shall be posted at the property whichnotifies the owner of his/her responsibility todispose of the material. In the event said litter isnot disposed of according to this section withinfifteen (15) days of said written notice, the sani-tation department shall have the option, but shallnot be required, to collect and dispose of saidmaterial, with the cost of such collection anddisposal billed to the property owner or otherresponsible party. If such cost is not paid by theproperty owner within ten (10) days of the date ofbilling, then execution may be issued by theAugusta-Richmond County Commission againstthe property upon which such service is renderedfor the cost thereof, and such execution shallconstitute a lien against the property until fullypaid and satisfied. Said execution may be en-forced in the same manner, and with the additionof interest and costs, as provided by law for theenforcement of executions for ad valorem taxes.In addition, any person or party violating thissection may be prosecuted and, if convicted, shallbe subject to the penalties provided in Sec. 1-6-1.

Sec. 4-2-25. Violations; penalties.

All persons, firms or corporations failing tocomply with the mandatory provisions hereof ordoing any act prohibited hereby shall be guilty ofan offense and, upon trial as a misdemeanor andconviction, shall be subject to the penalties pro-vided in Sec. 1-6-1.

Sec. 4-2-26. Unauthorized interference with

receptacles or contents.

It shall be unlawful for any unauthorized per-son to deposit or throw any article or substance inany receptacle for garbage and trash (includingwithout limitation, garbage and trash dumpstersbelonging to commercial establishments) or toremove, injure or destroy, uncover or in anymanner move or disturb such receptacle or anyportion of its contents.(Ord. 5935, July 15, 1997)


ARTICLE 3. GARBAGE COLLECTION IN

URBAN SERVICES DISTRICT


(a) Business district. The area of the UrbanServices District bounded on the north by theSavannah River, on the east by the eastern side ofFifth Street, on the south by the southern side ofWalker Street and on the west by the western sideof Thirteenth Street, and any other area whichmay, from time to time, be so designated by theCommission.

(b) Residential district. All areas of the UrbanServices District other than the business district.

Sec. 4-2-38. Accumulation of garbage, etc.—

Generally.

It shall be unlawful for any person to accumu-late garbage and trash except between regularcollections as specified by the sanitation depart-ment, it being the purpose and intention hereof torequire the placing for collection of all garbageand trash accumulated up to the time of collectionand to prohibit the holding over of garbage ortrash beyond such regular collections.

Sec. 4-2-39. Collection days.

(a) Garbage shall be collected in the businessdistrict each night, Monday through Friday, ex-cept holidays. Garbage shall be collected fromrestaurants and business establishments in thebusiness district each week day night Mondaythrough Saturday, except holidays.

(b) Garbage shall be collected in the residen-tial district on week days as specified by thesanitation department for the different areas.Tree trimmings, leaves and rough trash will becollected on such week days, holidays excepted, asshall be determined by the sanitation departmentunder the provisions of Sec. 4-2-41.

Sec. 4-2-40. When garbage to be placed at

curb; no backyard garbage

pickup.

In the residential district, garbage shall beplaced on the edge of the curb not later than 8:00


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A. M. on all days upon which garbage is to becollected, and in the business district not laterthan 9:00 P. M. on days upon which garbage is tobe collected. No garbage shall be placed on thestreets in the residential district after the lastcollection on Friday and before the followingMonday. No garbage shall be placed on the streetsin the business district after the last collection onSaturday and before the following Monday. Nogarbage shall be picked up from the backyard ofany property in the residential district.

Sec. 4-2-41. Paper, pasteboard boxes, etc. Re-

quired to be flattened for collec-

tion.

All paper, pasteboard boxes, cardboard boxesor other similar containers when placed at properpoints for collection shall be flattened so as tooccupy as little space as possible. When flattened,such containers shall be stacked in a manner thatwill permit convenient removal. Garbage, bits ofpaper, and other debris shall not be placed in theaforementioned containers.

Sec. 4-2-42. Same—Permit for removal.

It shall be unlawful for any person to pick up orremove any paper, pasteboard boxes or othermaterial that may be placed outside stores andplaces of business in Augusta-Richmond Countyunless such person has the permission of thebusiness owner.

Sec. 4-2-43. Reserved.

Sec. 4-2-44. Containers and receptacles—

Generally.

(a) Special provisions applicable to manufac-turers, merchants, hospitals, hotels, etc., produc-ing large amounts of refuse. Manufacturers, mer-chants or operators of business and public serviceestablishments including hospitals, hotels, apart-ment buildings and multiple unit dwellings, whichproduce more than five thirty-gallon cans of refusebetween specified collections shall use such typeof container therefor as the Commission may fromtime to time prescribe, and shall pay a fee for thecollection thereof at the rate of fifty cents percubic yard of refuse removed. The computation of

such fees shall be made by the sanitation depart-ment and the fees shall be paid monthly on beingbilled therefor by the Commission. If such bill isnot paid within ten days from its receipt thereshall be added thereto a penalty computed at ten(10) percent of the amount of such bill. Shouldsuch firm or person decline or refuse to pay forsuch service, then such firm or person shall berequired to remove its refuse and garbage at itsexpense, subject to the supervision thereof by thesanitary department. There shall be a minimumof two garbage collections per week.

Sec. 4-2-45. Notice to occupant or owner to

secure receptacle.

Upon written notice to the occupant or owner ofany premises required to provide himself with asuitable receptacle as provided in this article, orupon written notice to a manufacturer or mer-chant to provide himself with a suitable recepta-cle as provided in this article, it shall be the dutyof the manufacturer, merchant or person to atonce provide himself with the required receptacle.It shall be unlawful to fail to comply with suchnotice within five (5) days after issuance of same.

Sec. 4-2-46. Unauthorized interference with

receptacles or contents.

It shall be unlawful for any unauthorized per-son to deposit or throw any article or substance inany receptacle for garbage and trash or to remove,injure or destroy, uncover or in any manner moveor disturb such receptacle or any portion of itscontents.

Sec. 4-2-47. Putting acids or harmful fluids

in receptacles.

It shall be unlawful for any person to put anyacid or harmful fluids liable to do injury to per-sons or property in any trash or garbage recepta-cle. This shall not be construed to prevent the useof disinfectants.

Sec. 4-2-48. Sanitation department employ-

ees to replace containers after

collection. (Reserved)

Sec. 4-2-49. Removal of receptacles from

streets or sidewalks following

collections.

It shall be unlawful for any merchant, manu-facturer, owner or occupant to allow any garbage


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receptacle, filled or empty, to remain on the streets,sidewalks or any public place in the residentialdistrict after 6:00 p.m. following the regular gar-bage collection. All containers in the businessdistrict shall be removed from the streets by 9:00a.m. following the regular night collection. Thissection shall not apply to closed containers withsix (6) cubic yards or more capacity, where specialpermission has been granted by the sanitarydepartment to place such container on the side-walk.

Sec. 4-2-50. Fees for collection of commer-

cial garbage.

The fees charged for collection of commercialgarbage shall be as follows:

(a) For all customers who were being chargedat the rate of seventy-five cents ($0.75)per cubic yard of container prior to Janu-ary 1, 1988, the rate shall be one dollar($1.00) per cubic yard of container; pro-vided, however, that all such customerswhich have more than two (2) containerswhich are picked up more than two (2)times per week shall be charged at therate of seventy-five cents ($0.75) per cubicyard of container.

(b) For all customers who were not chargedfor pickup prior to December 31, 1987,shall be charged at the rate of one dollars($1.00) per cubic yard of container forpickup two (2) times per week.

ARTICLE 4. DISPOSAL OF ASBESTOS

AND BIOLOGICAL WASTE


(a) Asbestos. Any naturally occurring hydratedmineral silicates separable into commercially usedfibers, specifically the asbestiform varieties ofserpentine, chrysatile, cummingtomite-grunerite,amosite, rieheckite, crocidolite, anthophyllite,tremolite and actinolite.

(b) Biomedical waste means and includes thefollowing:

(1) Pathological waste, which means all rec-ognizable human tissues and body parts

which are removed during surgery, obstet-rical procedures, autopsy and laboratoryprocedures.

(2) Biological waste, which means bulk bloodand blood products, exudates, secretions,suctionings, and other bulk body fluidswhich cannot be or are not directly dis-carded into a municipal sewer system.

(3) Cultures and stocks of infectious agentsand associated biologicals, including cul-tures from medical and pathological labo-ratories, cultures and stocks of infectiousagents from research and industrial labo-ratories, wastes from the production ofbiologicals, discarded live and attenuatedvaccines, and culture dishes and devicesused to transfer, m osculate, and mixcultures.

(4) Contaminated animal carcasses, bodyparts, their bedding and other wastesfrom such animals which have been ex-posed to infectious agents, capable of caus-ing disease in man, during research, pro-duction of biological, or testing ofpharmaceuticals.

(5) Sharps, which means any discarded arti-cle that may cause punctures or cuts.Such waste includes, but is not limited to,items such as needles, IV tubing andsyringes with needles attached, and scal-pel blades.

(6) Chemotherapy waste, which means anydisposal material which has come in con-tact with cytotoxic/antineoplastic agents(agents toxic to cells) and/or antineoplasticagents (agents that inhibit or prevent thegrowth and spread of tumors or malig-nant cells) during the preparation, han-dling and administration of such agents.Such waste includes, but is not limited to,masks, gloves, gowns, empty IV tubingbags and vials, and other contaminatedmaterials. The above waste must first beclassified as empty, which means such inquantity that it is not subject to otherfederal or state waste management regu-lations prior to being handled as biomed-ical waste.


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(7) Discarded medical equipment and parts,not including expendable supplies andmaterials which have not been decontam-inated, that were in contact with infec-tious agents.

(c) Collector. Any person or persons, firm orcorporation who, under agreements, verbal orwritten, with or without compensation, does thework of collecting and/or transporting asbestosand/or biomedical-waste from industries, offices,retail outlets, businesses, institutions and/or sim-ilar locations, or from residential dwelling.

Sec. 4-2-52. Manifest form required.

No collector shall be allowed to dispose ofasbestos and/or biomedical waste at the Augusta-Richmond County landfill without obtaining, atleast ten (10) days prior to disposal of the asbestosand/or biomedical waste at the landfill, a mani-fest form from the solid waste engineer of thelandfill and/or his representative providing therequired information as to material generation,transportation and disposal in accordance withGeorgia Department of Natural Resources, Envi-ronmental Protection Division, Rules and Regu-lations.

Sec. 4-2-53. Inspections.

All collectors shall allow authorized represen-tatives from the landfill, during the period of timeprior to disposal of the asbestos and/or biomedicalwaste at the landfill, access to the removal site forinspections.

Sec. 4-2-54. Out-of-county waste prohibited.

No collector shall deposit asbestos and/or bio-medical waste at the landfill that is not generatedwithin the boundaries of the county, except pur-suant to a contract withAugusta-Richmond County.

Sec. 4-2-55. Penalty for violation of article.

Any collector failing to comply with the lawfulprovisions of this article or doing any act prohib-ited by this article or failing to do any act man-dated by this article shall be guilty of an offense,and upon trial as a misdemeanor and conviction,shall be subject to the penalties provided in sec-

tion 1-6-1. Any collector who knowingly makesany false statements, representation or certifica-tion in any application, record, report, plan orother documents filed or required to be main-tained pursuant to this article shall, upon convic-tion, be subject to the penalties provided in sec-tion 1-6-1.

ARTICLE 5. SMOKE ABATEMENT


ARTICLE 6. SCRAP TIRE MANAGEMENT*


(a) Scrap tires. All tires which are no longersuitable for their original intended purpose be-cause of wear, damage, or defect as defined inO.C.G.A. § 12-8-22(31).

(b) Scrap tire generator. Any person who gen-erates scrap tires as defined in section 391-3-4-19(2)(i) of the Georgia Rules of Solid Waste Man-agement.

(c) Scrap tire carrier. Any person engaged inpicking up or transporting scrap tires not other-wise exempted under section 391-3-4-19(5)(g) forthe purpose of removal to a scrap tire processor,end use, or disposal facility as provided in O.C.G.A.§ 12-8-22 (32).

(d) Tire retailer. Any person engaged in thebusiness of selling new replacement tires as pro-vided in O.C.G.A. § 12-8-22(39).

Sec. 4-2-73. Scrap tire storage, handling, and

disposal—General.

(a) The owner or occupant of any propertyshall be responsible for the sanitary and lawfulhandling and disposition of scrap tires on theproperty.

(b) All persons defined as scrap tire genera-tors, scrap tire carriers and tire retailers shall besubject to rules as defined in Section 391-3-4-19

*Editor’s note—Ord. No. 6146, § 1, adopted April 6, 1999provided for this Art. 6 to read as herein set out. See the CodeComparative Table.


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and handle scrap tires in accordance with theprovisions of O.C.G.A. § 12-8-20, et seq. and therules for Solid Waste Management, Chapter 391-3-4 applicable to solid waste.

(c) The provisions of O.C.G.A. § 12-8-20, et seq.are hereby incorporated in this section as if setout in full herein.

Sec. 4-2-74. Accumulation

(a) It shall be unlawful for any person in aresidential zone to accumulate any amount ofscrap tires on or around property which they ownor occupy.

(b) It shall be unlawful for any commercialbusiness other than those excepted in O.C.G.A.§ 12-8-40.1(g) to accumulate more than one hun-dred (100) scrap tires on the property which itowns or occupies at any given time.

(c) It shall be unlawful for any person or entityauthorized by this article and/or state law tohandle, store and/or dispose of scrap tires, to do soin any manner other than the following: Permit-ted quantities of scrap tires may be stored outsidethe property of an authorized business in a con-tainer enclosed on all four (4)sides by a solidscreen and having a secure top cover, whichcontainer is not visible from any public right-of-way or any adjoining property.

Sec. 4-2-75. Enforcement

(a) Enforcement of this article shall be theresponsibility of the License and Inspection De-partment by and through its Environmental CodeEnforcement Officer and his or her designee.

(b) (1) Any person or persons authorized toenforce this article on behalf of the Li-cense and Inspection Department Envi-ronmental Code Enforcement Officer shallbe empowered to enter any private orpublic property, upon reasonable cause, atreasonable times in order to inspect theproperty for violations of this article, sub-ject to the condition that to allow entry onprivate property for inspection, such of-ficer shall have observed the alleged vio-lation from the public right-of-way, orshall have received a written complaint

signed by a resident of Richmond County,Georgia alleging a violation of this article.

(2) If such property is occupied, the inspect-ing officer must first present proper cre-dentials and request entry. If such prop-erty is unoccupied, the inspecting officershall first make a reasonable effort tolocate the owner or other person havingcharge, care or control of such and requestentry. If entry is refused, the investigat-ing official shall have recourse to everyremedy provided by law to secure entry.

(3) When the investigating officer shall havefirst obtained a proper inspection warrantor other remedy provided by law to secureentry, no owner or occupant or any otherperson having charge, care or control ofthe property shall fail or neglect, afterproper request is made as herein pro-vided, to promptly permit entry thereinby the investigating officer, for the pur-pose of inspection and examination pur-suant to this code section.

(c) The License and Inspection Department orthe Environmental Code Enforcement Officer shallbe authorized to issue summons for hearings onalleged violations of this article in the MagistrateCourt of Richmond County.

Sec. 4-2-76. Penalties

Any person failing to comply with the lawfulprovisions of this article or doing any act prohib-ited hereby or failing to do any act mandatedhereby shall be guilty of an offense, and upon trialas a misdemeanor shall be subject to both thepenalties provided by section 1-6-1, and to any orall of the following penalties:

(a) In the sound discretion of the trial court,the violator may be ordered to removefrom any property for which the violatoris responsible the unlawful accumulationof scrap tires and to come in full compli-ance with this article.

(b) In the sound discretion of the trial court,the violator may be ordered to remove


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from the property of another any unlaw-ful accumulation of scrap tires for whichthe violator is responsible.

(c) The violator shall be subject to civil re-dress by Augusta, Georgia in a court ofcompetent jurisdiction, it being the intentof Augusta, Georgia to have both the civiland criminal rights of prosecution in thisarea.


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title 4 public health - augusta, georgia

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