City of Atlanta Litter Control Laws – Details and Our Comments about AJC Reach

What are the City of Atlanta litter control laws? We have them here… along with our comments about AJC Reach.

1. ARTICLE XI. – LITTER CONTROL

Sec. 74-601. – Purpose and intent.
Sec. 74-602. – Applicability.
Sec. 74-603. – Compatibility with other regulations.
Sec. 74-604. – Severability.
Sec. 74-605. – Definitions.
Sec. 74-606. – Unlawful disposal of litter.
Sec. 74-607. – Distribution of handbills and unsolicited newspapers.
Sec. 74-608. – Vehicle loads causing litter.
Sec. 74-609. – Maintenance of litter receptacles and placement of litter.
Sec. 74-610. – Violations, enforcement and penalties.
Sec. 74-611. – Enforcement.
Secs. 74-612—74-699. – Reserved.
Sec. 74-601. – Purpose and intent.

The purpose of this article is to provide for the public health, safety, and general welfare through the regulation and prevention of litter. The objectives of this article are:

(a) Provide for uniform prohibition throughout the City of Atlanta of any and all littering on public or private property; and

(b) Prevent the desecration of the beauty and quality of life of the City of Atlanta and prevent harm to the public health, safety, and general welfare, including the potential degradation of water and aquatic resources caused by litter.

(Ord. No. 2007-07, § 1, 2-13-07)

Sec. 74-602. – Applicability.

This article shall apply to all public and private property within the City of Atlanta .

>> This code applies to both public property and private property.

(Ord. No. 2007-07, § 1, 2-13-07)

Sec. 74-603. – Compatibility with other regulations.

This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall control.

(Ord. No. 2007-07, § 1, 2-13-07)

Sec. 74-604. – Severability.

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article.

(Ord. No. 2007-07, § 1, 2-13-07)

Sec. 74-605. – Definitions.

The following definitions will apply to this article except where the context clearly indicates a different meaning:

“Handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, placard, paper, booklet, flyer or any other printed or otherwise reproduced original which:

>> AJC Reach is a circular.

(1) Advertises or contains advertisement for sale of any merchandise, product, service, business, opportunity; or

>> Yes, AJC Reach contains advertisement for sale of any merchandise, product, service, business. Therefore AJC Reach is a “Handbill” as defined by city code.

(2) Directs attention to any business or commercial establishment or other activity, for the purpose of promoting sales; or

>> Yes, AJC Reach does that. Therefore AJC Reach is a “Handbill” as defined by city code.

(3) Directs attention to or advertises an event of any kind for which an admission fee is charged.

“Litter” means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds; ashes, sand, gravel, slag, brickbats, metal, plastic, and, glass containers, broken glass, dead animals, or intentionally or unintentionally discarded materials of every kind and description which are not “solid waste” as such term is defined in Chapter 130 of this Code.

“Property open to the public” means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof, waterways and drainage systems, any park, playground, building, refuge, or conservation or recreation area; timberlands, or forests, and residential, commercial, or industrial, properties.

>> The defined term “Property open to the public” includes residential properties under the scope of this city code.

“Unsolicited newspaper” means one that has not been ordered, subscribed to or requested by the recipient.

>>AJC Reach is an advertising circular, not a newspaper (there is no news) and therefore it falls under the defined term of “handbill” for the purposes of this city code. Even if it were a newspaper, it has not been ordered, subscribed or requested by the recipient.

Sec. 74-606. – Unlawful disposal of litter.

(a) It shall be unlawful for any person or persons to throw, dump, sweep, push, blow, deposit, or leave litter on any private property or property open to the public within the City of Atlanta unless the litter is placed into a receptacle or container installed on such property

>> AJC Reach has been thrown and or left on private and property and property open to the public, therefore we believe AJC Reach is in violation of this.

(b) It shall be unlawful for any person or persons to throw, dump, sweep, push, blow, deposit, or leave litter in any public or private gutter, street, right of way, waterway, or storm water collection system within the City of Atlanta .

>> AJC Reach has been thrown and or left in public gutters and streets, therefore we believe AJC Reach is in violation of this.

(Ord. No. 2007-07, § 1, 2-13-07)

Sec. 74-607. – Distribution of handbills and unsolicited newspapers.

>> AJC REACH circulars constitute “handbills” as defined in this city code – see above definition of handbills.

(a) It shall be unlawful for any person or persons to throw, deposit, leave, place, or to cause the throwing, depositing, leaving, or placing of any commercial or noncommercial handbill or unsolicited newspaper on any property open to the public within the City of Atlanta, however, it shall not be a violation of this article to hand out or to distribute handbills or unsolicited newspapers to any person or persons.

>> Our residential properties constitute “property open to the public,” under the above definition of that term. AJC Reach is an non-addressed handbill thrown or left on property open to the public (residential property) as well as sidewalks and streets, and not is not being handed out or distributed directly to persons.

(b) Handbills or unsolicited newspapers placed on private property shall be placed or deposited in a manner reasonably designed to prevent the handbill from being blown or drifted about such private property or property open to the public, including streets, storm water catchment and conveyance systems and other public places.

>> Many AJC Reach ad circulars have been thrown in the streets and sidewalks (not on private property) or are ending up in public places and in gutters and streets. They have not been placed or deposited in a manner reasonably designed to prevent the handbill from being blown or drifted about. Additionally, the earlier part of the code [74-607 (a)] specifically prohibits distribution to residential properties within the defined term of “property open to the public”

(c) Nothing in this article shall be deemed an authorization to place handbills in mailboxes when such use is prohibited by federal law or by postal regulations.

(d) It shall be unlawful for any person or persons to deposit or leave, or to cause the depositing or placing of any commercial or noncommercial handbill or unsolicited newspaper on any parked vehicle within the City of Atlanta .

(Ord. No. 2007-07, § 1, 2-13-07; Ord. No. 2008-61(08-O-1247), § 1, 7-16-08)

74-610. – Violations, enforcement and penalties.

(a) Violations. It shall be unlawful for any person to cause or throw, deposit, dump, place or leave litter in any manner within the city limits of the City of Atlanta. Any person that violates the provisions of this ordinance shall be subject to penalties as provided by this section. Each day that a violation exists shall constitute a separate offense.

(b) Citations. Any person who violates this article shall be issued a citation that requires the person to appear before the judge of the municipal court for a hearing on the charge of violation of this chapter.

(c) Penalties. Upon a finding that a section of this ordinance has been violated, the violator shall be subject to one or more of the following penalties:

(1) A fine not exceeding $1,000.00 a day.

(2) Reimbursement to the City of Atlanta for the reasonable cost of removing any litter thrown, deposited, dumped, placed or left in violation of this chapter.

(3) Probation by order of the court in the form of mandatory litter cleanup of any public property, public street or right-of-way, for a distance not to exceed one mile.

(4) The court may publish the names of persons convicted of violating this article.

(Ord. No. 2007-07, § 1, 2-13-07)

Sec. 74-611. – Enforcement.

Any person empowered by the City of Atlanta to issue citations may issue citations to enforce compliance with this chapter.

(Ord. No. 2007-07, § 1, 2-13-07)