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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. T4:1 ---PAGE BREAK--- 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 and unoccupied parcels of land. Sec. 4-2-3. Dumping of garbage and refuse collected outside county at county landfill. 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 from lot 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 T4:2 ---PAGE BREAK--- 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. Accumulation Sec. 4-2-75. Enforcement Sec. 4-2-76. Penalties PUBLIC HEALTH T4:3 ---PAGE BREAK--- 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 the Commission shall employ the necessary animal control officers to administer and enforce the provisions of this Chapter. The animal control officers shall have the authority to issue citations for violations of this Chapter and perform such other duties as are prescribed herein. An animal control 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-Richmond CountyAnimal Control Department shall be known as the director. The director shall enforce the provisions of this Chapter, and he or his duly authorized representative shall perform any duty imposed upon him by this Chapter. Director. The director may appoint such numbers of officers and other employees as shall be authorized to carry out the duties of the department. Assistant director. The director may des- ignate an assistant director in the depart- ment, who shall, during the absence or disability of the director, exercise all the powers of the director. Records. The director shall keep, or cause to be kept, a record of the business of the department. Reports. The director shall annually sub- mit a report to the Augusta-Richmond County administrator covering the work of the department during the preceding year. Sec. 4-1-4. Implementation of state danger- ous dog control law. Designation of dog control officer. Pursuant to the provisions of the Dangerous Dog Control Law of the State of Georgia (Ga. L. 1988, p. 824), the director of animal control of Augusta-Rich- mond County is hereby designated dog control officer and shall administer and enforce the pro- visions of the Dangerous Dog Control Law. 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 to appoint two members) to be appointed for terms of four years, to conduct hearings as required by O.C.G.A. § 4-8-24; provided, however, the ini- tial appointments shall be made as follows: Except as provided herein, members of the animal control board and dangerous dog board of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall serve until their succes- sors are appointed and qualified. Members of the Animal Control Advisory Board and the Dangerous Dog Control Board serving as of January 1, 1997, shall continue to serve until their successors are appointed by the Commissioner rep- resenting the respective District and qual- ified and are to represent the districts as herein set forth, to wit: a. Dr. Gary Wilkes District 1 b. VACANT District 2 c. Mary Walker District 3 d. Elfriede B. Baggs District 4 e. Lynn Brown District 5 § 4-1-4 PUBLIC HEALTH T4:5 ---PAGE BREAK--- f. Dr. Lamar T. Walker District 6 g. Carolyn Ann Marks District 7 h. Linda Workman Bragg District 8 i. Eleanor B. Shepherd District 9 j. VACANT District 10 The successors to the members represent- ing Districts 1, 3, 5, 7, and 9 shall serve until April 1, 1998, or until their succes- sors are appointed and qualified. The successors to the members represent- ing Districts 2, 4, 6, 8, and 10 shall serve until April 1, 2000, or until their succes- sors are appointed and qualified. Members of the board appointed by the Commissioner of the respective Districts to succeed those appointed in subsections 3 and 4 hereof shall serve for terms of office of four years and until their successors are appointed and qualified. Should the Richmond County Legislative Delegation choose to appoint two mem- bers as provided in the Consolidation Act, such members shall serve for a term of four years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consoli- dation Act, this subsection shall automat- ically be repealed. All terms shall expire on March 30 of the applicable year, and new terms shall be- gin on April 1 of the applicable year. Fee for ownership of dangerous dog. The owner of a dangerous dog or potentially danger- ous dog shall pay an annual fee to Augusta- Richmond County in the amount of one hundred dollars ($100.00). Sec. 4-1-5. Riding horses, etc., in disorderly manner. It shall be unlawful for any person to run or ride 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 shall have as their duties and responsibilities, in addi- tion to administering the Dangerous Dog Control Law, as provided in Section 4-1-4 hereof, the following: To work actively in educating the public as to the need for sterilization of dogs and cats; To review and make recommendations to the Augusta-Richmond County Commis- sion through the Administrator concern- ing the job performance of the Director of the Animal Control Department; To review and make recommendations to the Augusta-Richmond County Commis- sion through the Administrator concern- ing the budgets and fiscal needs of the animal control department; To attend meetings of the Animal Control Board; To review and make recommendations to the Augusta-Richmond County Commis- sion concerning the policies governing the operation of the Animal Control Depart- ment, including rules and regulations for the operation of animal shelter facilities consistent with rules and regulations of the Georgia Department of Agriculture; To review and make recommendations to control the animal population; and To notify the appropriate authorities of a vacancy on the Animal Control Board so that a person may be appointed to com- plete unexpired or full terms. (Ord. No. 6254, § 1, 4-4-00) Secs. 4-1-7—4-1-15. Reserved. § 4-1-4 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:6 ---PAGE BREAK--- ARTICLE 2. ANIMALS Sec. 4-1-16. Definitions. Domestic animals . Dogs and cats and others that live and breed in a tame condition. Livestock. All animals of the equine, bo- vine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals. Own. To have legal ownership of, or to possess, keep, have custody or control over, or harbor. Owner. Any person, association, firm or corporation, natural or artificial, owning, possess- ing, keeping, having custody of or control or authority over, or harboring any domestic animal or livestock. Public roads. Any street, road, highway, or way, including the full width of the right-of-way, which is open to the use of the public for vehicular travel. Running at large or straying. Any animal which is not under manual control of a person and which 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. Urban Services District. That area coterminous with the boundaries of former City of Augusta, Georgia as said boundaries existed as of December 31, 1995. Sec. 4-1-17. Vaccination; when required. No owner shall own any dog or cat over four months of age withinAugusta-Richmond County unless such dog or cat is vaccinated. The provi- sions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or government-oper- ated or licensed animal shelter. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest Com- pendium of Animal Rabies Vaccines and Recom- mendations for Immunization published by the National Association of State Public Health Vet- erinarians. No person shall vaccinate dogs or cats against rabies who is not licensed to practice veterinary medicine. Sec. 4-1-18. Evidence of vaccination. Certificate of vaccination. Evidence of vac- cination shall consist of a certificate of vaccina- tion. The certificate with each item answered shall be prepared in triplicate and signed by the veterinarian administering the vaccine. One copy of the certificate shall be given to the owner, one copy filed with the Richmond County health department, and one copy retained by the veterinarian. Any veterinarian is authorized and required in connection with his practice to issue certificates of vaccination and vaccination tags. The certificates of vaccination furnished to the Richmond County health department shall be maintained in an orderly indexed file for a period of not less than three years. Vaccination tags. Coincident with the issu- ance of the certificate of vaccination, the person authorized to furnish the certificate shall also furnish to the owner of the vaccinated dog or cat a serially numbered tag bearing the same number as the certificate and the year thereon to be attached to the collar or harness worn by the dog or cat for which the certificate has been issued. Where three-year vaccine used. When the animals have been vaccinated with a three-year rabies vaccine, the director may issue or cause to be issued an annual certificate of vaccination and a rabies vaccination tag each year for the two additional years of the three-year vaccination period provided the Richmond County health department's file copy of the certificate of vacci- nation shows that the animals have been given a three-year rabies vaccine; in the event the Rich- mond County health department's file copy of the certificate of vaccination is unavailable, the owner's copy or the veterinarian's copy of same may be substituted therefor. Sec. 4-1-19. Identification and vaccination tag to be worn. Collar required. It shall be unlawful for the owner of any dog in Augusta-Richmond County to allow such dog to be without a collar which shall § 4-1-19 PUBLIC HEALTH T4:7 ---PAGE BREAK--- have attached a valid vaccination tag, as required by this Chapter and an identification showing the name and address of the owner of the dog. Duty of owner to provide collar. It shall be the duty of each dog owner to provide a collar with identification as provided herein and inoculation tag for each dog, except when such dog is under immediate control of the owner or is participating in 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 a vaccination tag to any dog for which it was not issued, or to remove a vaccination tag or collar from a dog without the consent of its owner or custodian. 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 of control and/or unattended off the premises of its owner, and/or upon the premises of another per- son without the permission of such other person. This section shall not apply to those dogs which are actively engaged in hunting or field trials, or to those dogs and cats which are participating in animal 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 the public streets, except on a leash and accompanied by an individual, or except when enclosed within a vehicle, cage, carton, crate, box or other suitable container to prevent escape. Sec. 4-1-23. Impounding dogs and cats at large. Any and all dogs and cats found running at large 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 not known and such animal is upon the streets, alleys, sidewalks, school grounds, public places, or premises of another, any law enforcement officer or agent or employee duly authorized by Augusta-Richmond County shall be authorized to take possession of such dog or cat and impound it in 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. Impounded animals. If any animal be seized or impounded at the Augusta-Richmond County Animal Control Department Shelter, the officers, agents and employees of the shelter shall notify by telephone the owner of such animal, if known or if the owner can be reasonably ascertained, that the animal has been impounded. The owner of any animal impounded may, within five days after impoundment of such animal, reclaim the animal upon payment for the period of time the animal is impounded, including payment for any treatment rendered to said animal. Adoption of animals impounded. In the event an animal is not claimed within the time provided herein, the Augusta-Richmond County Animal Control Department may offer for adop- tion, by any person, any animal unredeemed or unclaimed by the owner, upon payment of an adoption fee. The person adopting an animal shall carry the animal to a licensed veterinarian for treatment and rabies vaccination within five days of adoption. Unclaimed animals. If an animal is not reclaimed by the owner within the time pre- scribed herein or adopted out, then the Augusta- Richmond County Animal Control Department shall be authorized to dispose of said animal in as humane and painless a manner as possible. Such animal, if not claimed or adopted as provided, may be donated to any public or private institu- tion for disposition. § 4-1-19 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:8 ---PAGE BREAK--- Injured animals. In the event that an ani- mal is impounded which is injured beyond hope of any recovery, it shall be within the discretion of the director to destroy said animal. Sec. 4-1-26. Abandonment. No person shall release an animal on any property, public or private, with the intention of abandoning the animal. No person shall intentionally abandon a dead animal on any private property belonging to another unless the person so doing shall have first obtained permission from the owner of the property on which the animal is being left. No person shall abandon a dead animal on any public property or public right-of-way unless the place on which the animal is being left is an approved sanitary landfill or other facility de- signed for receiving such and has been designated by the Augusta-Richmond County Commission as a public facility for receiving trash or refuse. Sec. 4-1-27. Cruelty. Prohibited. No person shall, by his act, omission or neglect, cause unjustifiable physical pain, suffering or death to any living animal. This section does not apply to killing of animals raised for the purpose of providing food, nor does it apply to 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 scientific research is justifiable. Permitted acts. No person shall perform a cruel act on any animal, nor shall any person harm, maim or kill any animal, or attempt to do so; except that a person may: Defend his person or property or the per- son or property of another from injury or damage being caused by an animal; or Kill any animal causing injury or damage to livestock or poultry. 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 other object; mutilate, burn or scald with any sub- stance; drive over or otherwise cruelly set upon any animal; except that reasonable force may be employed to drive off vicious or trespassing ani- mals. Failure to care for and maintain. It is unlawful for any person to fail, refuse or neglect to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shade, care or shelter, or to carry any animal in or upon any vehicle in a cruel or inhumane manner. Any animal habitually kept outside shall be provided with a structurally sound, weatherproof enclo- sure, large enough to accommodate the animal and which meets all requirements established by the Health Department regarding same. Keeping diseased or crippled animal. It is unlawful for any person to have, keep or harbor any animal which is infected with any dangerous disease 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 department shall not be required to give any notice. This section shall not be construed to include veteri- nary hospitals or animals under active veterinary care. Authority of animal control department in case of animal neglect. Whenever the animal control department finds that any animal is or will be without proper care because of injury, illness, incarceration or other voluntary absence of the owner or person responsible for the care of such animal, the animal control department may pick up such animal for protective care; and in the event of sickness or injury, the animal control department may take such action as called for to prevent undue pain and suffering, including im- mediate destruction of the animal. In the event such animal is later released, in the discretion of the animal control department, to its owner, said owner shall be required to reimburse the animal control department for any expenses incurred in taking any action to care for said animal. § 4-1-27 PUBLIC HEALTH T4:9 ---PAGE BREAK--- Sec. 4-1-28. Permitting female dog in heat to roam free. All female dogs in heat shall be restrained such that they cannot roam or run free beyond the limits of the property of their owners. It shall be unlawful for the owner or person responsible for the care of such animal not to so restrict or confine said female dog. Sec. 4-1-29. Disposal of dead animals and fowl. It shall be unlawful to throw or place any dead fowl or animal on the streets or alleys of Augusta-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. It shall be unlawful for the owner of any dead animal carcass to allow the same to remain in Augusta-Richmond County without disposing of same as provided for herein. Such owner shall immediately dispose of the same. If any such owner violates this section, the Commission, through its agents and employees, shall proceed to remove and dispose of such dead animal car- cass, and the owner shall be liable to the Com- mission and shall pay toAugusta-Richmond County the sum of twenty dollars for such removal and disposal. 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 migratory bird within the Urban Services District. Sec. 4-1-32. Trapping wild birds; robbing nests. It shall be unlawful for any person to trap any mocking bird or any other wild bird, or rob the nests thereof of eggs or young, in any of Augusta- Richmond County cemeteries or upon or around the basin, reservoir or pumping station of the waterworks, or elsewhere within the Urban Ser- vices District. Sec. 4-1-33. Fowl running at large. It shall be unlawful for chickens, geese, ducks or other fowl to run at large upon the streets or in the 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 like character, for stock, cattle, hogs, sheep or goats, or any like purpose, in the Urban Services Dis- trict, except by the permission and under the direction of the board of health. In place of any action imposing a fine, any court with jurisdiction to 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 like place. No case shall be tried under this section except upon institution and prosecution of it by the board of health. Sec. 4-1-52. Livestock running at large or stray. It shall be unlawful for any livestock to run at large or to stray upon the public roads of Augusta- Richmond County or any property not belonging to the owner of the livestock, except by permission of the owner of such property. Sec. 4-1-53. Impoundment of livestock stray- ing. It shall be the duty of the Augusta-Rich- mond County Animal Control Department offic- ers to impound livestock found to be running at large or straying. Owners or operators of a farm may also impound such livestock, provided that § 4-1-28 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:10 ---PAGE BREAK--- the livestock is kept in a suitable place and cared for properly. Such owners or operators shall re- ceive the feed and care fee for such animal. If the owner or operator of a farm im- pounds livestock, it shall be his duty to notify the owner of such livestock immediately. If the owner of the livestock is unknown and is not determined within three days, the person who impounds the livestock shall notify the Augusta-Richmond County Animal Control Department of such im- poundment, and the Animal Control Department shall transport the livestock as soon as possible to a suitable place and care for it properly, with the owner responsible to Augusta-Richmond County for 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 the Augusta-Richmond County Animal Control De- partment, said department shall notify the owner, advising such owner of the livestock that the animal is impounded at the shelter, the amount due as a result of such impounding, and that unless such livestock is redeemed within five days from date of impoundment the livestock shall be offered for adoption. In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by publishing a notice one time in a newspaper of general circulation where the livestock is im- pounded. Secs. 4-1-55—4-1-60. Reserved. ARTICLE 4 ENFORCEMENT Sec. 4-1-61. Penalty. Any person or persons failing to comply with the lawful provisions of this chapter or doing any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor and conviction shall 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 Sec. 4-1-71. Definitions. As used in this article, the term: Animal shelter. Any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purposes of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinar- ian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated hu- mane society, animal welfare society, or other nonprofit organization for the pur- pose of providing for and promoting the welfare, protection, and humane treat- ment of animals. Humane society. Any unincorporated non- profit organization existing for the pur- pose of prevention of cruelty to animals. Public or private animal refuse. Harbor- ers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats. Sexually mature animal. Any dog or cat that has reached the age of one hundred eighty (180) days or six months or more. Sterilization. The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to re- produce. Sec. 4-1-72. Sterilization required; excep- tions. Any public or private animal shelter, ani- mal control agency operated by a political subdi- vision of this state, humane society, or public or § 4-1-72 PUBLIC HEALTH T4:11 ---PAGE BREAK--- private animal refuse shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by: Providing sterilization by a licensed vet- erinarian before relinquishing custody of the animal; or Entering into a written agreement with the person acquiring such animal guaran- teeing that sterilization will be performed by a licensed veterinarian within thirty (30) days after acquisition of such animal in the case of an adult animal or within thirty (30) days of the sexual maturity of the animal in the case of an immature animal; provided, however, that the re- quirements of this Code section shall not apply to any privately owned animal which any such shelter, agency, society, or refuge may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person. All costs of sterilization pursuant to this Chapter shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal. Any person acquiring an animal from a public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuse, which animal is not sterile at the time of acquisition, shall submit to the animal shelter, animal control agency, humane society, or public or private animal refuge a signed statement from the licensed veterinarian performing the steriliza- tion required by paragraph of subsection of this Code section within seven days after such sterilization attesting that such sterilization has been performed. Every public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or pub- lic or private animal refuse selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge 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 to comply with the requirements of Sec. 4-1-72 and any person convicted of said misdemeanor shall be subject to a fine not to exceed two hundred dollars ($200.00). § 4-1-72 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:12 ---PAGE BREAK--- Chapter 2 HEALTH AND SANITATION ARTICLE 1. IN GENERAL Sec. 4-2-1. Smoking prohibited in Augusta- Richmond County buildings. Definitions. For purposes of this section, the following definitions shall apply: Public building. Any enclosed building, structure or indoor facility owned, oper- ated, leased or managed by Augusta- Richmond County which is used by or open to the public, including without lim- itation, public transportation, enclosed ar- eas occupied byAugusta-Richmond County staff, 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 and any facility, school or educational institu- tion being used by Augusta-Richmond County for the purpose of providing class- room instruction. Smoking. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible sub- stance in any manner or in any form. No person shall smoke in any public build- ing as defined in this section. Nothing in this section shall be deemed, interpreted, or construed to permit smoking in any public place or area where smoking is prohib- ited or restricted by other applicable law. No Smoking signs with letters of not less than one inch in height shall be conspicuously posted in every building, structure or facility where smoking is prohibited by this section by the operator, manager or other person having control of such building, structure, facility or other place. If any provision of this section or the appli- cation thereof to any person or circumstances are held to be invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are severable. Any person or persons failing to comply with the lawful provisions hereof or doing any act prohibited hereby or failing to do any act man- dated hereby shall be guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject to the penalties provided by section 1-6-1. 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. Prohibition. No owner of any vacant lot or parcel of land within Augusta-Richmond County shall permit or allow the harborage of rats or other rodents, debris to be dumped or old lumber and building material to be piled thereon, nor shall he permit or allow grass, weeds, vines, underbrush or other growth to grow or accumu- late thereon, or on the area between the lot or parcel of land and the street curb, so as to constitute an unclean, unhealthy, unsanitary, un- filthy, dangerous, objectionable or offen- sive condition. Abatement. Whenever the code enforce- ment officer discovers that the provisions of the subsection are being violated, he shall give the owner, 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 not remedied, the zoning enforcement officer shall cause the work to be done and tax the cost of the work against the owner and the property in the same manner and under the same terms as the cost of other public improvements is taxed. The cost shall constitute a lien against the property, and the delinquent tax collector shall issue a fi. fa. in the name of Augusta-Richmond County, acting by and through its Commission, for the cost, and § 4-2-2 PUBLIC HEALTH T4:13 ---PAGE BREAK--- levy the fi. fa. upon, and expose for sale, the property in the same manner as levies and sales under tax fi. fas. are now executed. Violation; penalty. In addition to causing the condition of the property to be remedied as authorized in subsection in the event that the condition is not remedied by the owner at the expiration 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. Prohibited. It shall be unlawful for any person to dump garbage and refuse at theAugusta- Richmond County landfill, owned and operated by Augusta-Richmond County, Georgia, when said garbage or refuse was not collected in Richmond County, Georgia, except pursuant to written con- tract or prior approval by the Augusta-Richmond County Administrator. Penalty for violation of section. Any person who shall violate this section shall be charged with each and every violation, and upon trial and conviction, shall be subject to the penalties pro- vided in Sec. 1-6-1. Sec. 4-2-4. Trespassing, scavenging on land- fill prohibited. No person shall knowingly and without authority enter upon the land or premises, now or in the future, designed as an Augusta-Richmond County 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 or in the future, designed as a landfill site, after the permission of the director of the landfill or his delegate has been withdrawn. No person shall knowingly and without authority remove any materials from the land or premises now or in the future designed as a landfill 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 other refuse. Any person or persons failing to comply with the lawful provisions of this section or any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense and upon trial as a misdemeanor and conviction, shall be subject to the penalties provided in Sec. 1-6-1. Sec. 4-2-5. Refuse acceptable for disposal at solid waste landfill. The following refuse shall be considered to be acceptable for disposal by the county: Garbage. Putrescible animal and vegeta- ble wastes resulting from the handling, preparation, cooking and/or consumption of foods. Ashes. The residue from the burning of wood, coal, coke or other materials. Rubbish. Non-putrescible solid wastes ex- cluding ashes, consisting of paper, card- board, tin cans, yard clippings, wood, glass, bedding, crockery, metals and any tree trunks, limbs or other wood products, provided that any such items larger than four inches in diameter, shall be cut into four-foot Dead animals. Small dead animals, not exceeding seventy-five (75) pounds in weight, which die in the normal course of community activity, excluding condemned animals, shall be accepted at the disposal site upon request. The following refuse shall be considered to be unacceptable for disposal by the county: Dangerous materials or substances, such as poisons, acids, caustics, infected mate- rials and explosives. Unusual quantities of materials resulting from the repair, excavation or construc- tion of buildings or structures, such as earth, plaster, mortar and roofing materi- als. § 4-2-2 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:14 ---PAGE BREAK--- The solid wastes resulting from industrial processes. Solid waste that has been burned and has any evidence of smoke, spark or fire re- maining. Sealed drums. Each drum must have an open top for inspection. No drum for liq- uid storage will be accepted for disposal. A separate area shall be provided at the landfill for the disposal of stumps, logs, other building materials, and tires that cannot be de- posited in the regular landfill site. All industrial, governmental and commer- cial waste haulers shall place a decal furnished by Augusta-Richmond County on their vehicle that denotes the cubic yard capacity being hauled into the landfill. The fees for the disposal of refuse shall be fixed from time to time by the Augusta-Richmond County Commission and kept on file in the office of 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. Fees. The following fees shall be charged for the use of the Augusta-Richmond County solid waste landfill. Asbestos . . . . . . . . . . . . . . . $ 20.00 per cubic yard Inert waste disposal. . . . . . . 16.75 per ton Metal . . . . . . . . . . . . . . . . . 0.00 per ton Mulch purchase (small pickup truck) . . . . . . . . . . . . . . . . . 5.00 per load Mulch purchase (large pickup truck) . . . . . . . . . . . . . . . . . 10.00 per load Mulch purchase (commercial). 15.00 per ton Non-profit organizations waste disposal (with administrator's approval). . . 23.50 per ton Non-tarped loads/private ve- hicle . . . . . . . . . . . . . . . . . . 25.00 each occurrence Non-tarped loads/commercial vehicle. . . . . . . . . . . . . . . . . 75.00 each occurrence Residential disposal (three bags or less) . . . . . . . . . . . . 0.00 Residential disposal (four bags to six bags) . . . . . . . . . . . . . 2.00 per load Residential disposal (small truck or trailer) . . . . . . . . . . 7.50 per load Solid waste (municipal solid waste, construction and dem- olition, special waste) dis- posal . . . . . . . . . . . . . . . . . . 33.50 per ton Solid waste (2,000—4,999 tons per month) disposal . . . . . . . 30.50 per ton Solid waste (5,000—9,999 tons per month) disposal . . . . . . . 27.50 per ton Solid waste (10,000 or greater tons per month) disposal . . . 24.50 per ton Solid waste with beneficial use—Such materials as are usable at the landfill for daily cover and other uses and shall include, but not be limited to brick slag and other usable materials. . . . . . . . . . . . . . . 10.00 per ton The director of the landfill or his designee reserves 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 as are 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 Fee increases. Fees for each item listed above may from time to time be increased at the discretion of the administrator. The increase allo- cated for any calendar year shall not exceed one dollar ($1.00) for any item listed above. Should a full one dollar ($1.00) increase not be exercised the allocation of a portion equaling up to one dollar ($1.00) from that year within the unused allocation may carry forward and be used in the following year not to exceed two dollars and so on up to a maximum of three years. At no time shall the increase at the administrator's discretion exceed three dollars ($3.00) for any item listed above. § 4-2-6 PUBLIC HEALTH T4:15 ---PAGE BREAK--- Fee decrease. Fees for each item listed above may from time to time be decreased at the discre- tion of the administrator. The decrease allocated for any calendar year shall not exceed one dollars ($1.00) for any item listed above. Should a full one dollar ($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 allocation may carry forward and be used in the following year not to exceed two dollars ($2.00) and so on up to a maximum of three years. At no time shall the decrease at the administrator's discretion exceed three dollars ($3.00) for any item listed above. (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 Sec. 4-2-7. Definitions. Commission. TheAugusta-Richmond County Commission, or its designated representative. 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. Person. Any person, firm, partnership, cor- poration or unincorporated association. Public or private property. The right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conserva- tion or recreation area; and residential or farm properties, timberlands or forests in Augusta- Richmond County. Road or street shall be mutually inclusive and 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 persons to dump, deposit, throw or leave, or cause or permit the dumping, depositing, placing, throw- ing or leaving of litter on any public or private property in Augusta-Richmond County unless: The property is designated by Augusta- Richmond County for the disposal of litter and the person is authorized by the proper public authority to use such property; The litter is placed into a litter receptacle or container installed on such property; or The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a 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 any public street or sidewalk in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household gar- bage. The sanitation department is not responsi- ble for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of 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 or to throw or to leave or abandon on any street in Augusta-Richmond County any glass bottle or car or the fragments thereof, or any broken glass bottle or crockery or any kind. or nails, tacks, brickbats, or any article or object likely to injure barefoot persons using such streets or sidewalks or to injure or puncture the tires of vehicles utilizing pneumatic tires for their locomotion. § 4-2-6 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:16 ---PAGE BREAK--- Sec. 4-2-11. Keeping crates, boxes, etc., on streets and sidewalks prohib- ited; exception. It shall be unlawful for any person to keep on the streets or sidewalks in Augusta-Richmond County 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 or throw hulls, peelings or other litter upon the sidewalk or in or upon the floors of churches, public halls, theaters, buses, auditoriums, and other similar public places. Sec. 4-2-13. Distributing handbills and ad- vertising matter in automobiles, on private property prohibited; exceptions. It shall be unlawful to place in or on any automobile inAugusta-Richmond County any hand- bill, circular, pamphlet, poster, postcard, or other literature except with the permission, express or implied, of the owner or occupant of such automo- bile. It shall be unlawful for any person to place on private property any handbill, circular, pam- phlet, poster, postcard, or other literature except with the permission, express or implied, of the owner of the property or intended recipient. Sec. 4-2-14. Transporting refuse in vehicles regulated. Regulations for all vehicles. It shall be unlawful for any person, firm or corporation to transport any garbage, trash, refuse or other cargo upon the public thoroughfares in Augusta-Rich- mond County if the same is of a character or 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 other device in such fashion as to effectively prevent such deposit on the public rights- of-way. No regulated quantities of hazardous wastes may be collected and transported except in accordance with the provisions of the Georgia Hazardous Waste Manage- ment Act, O.C.G.A. § 12-8-60 et seq. It shall be unlawful for any person, firm, business, or corporation to transfer refuse between vehicles on any public property, including without limitation public rights- of-way. Additional regulations for commercial solid waste collection and transportation vehicles and containers. it shall be unlawful for any person, firm, business, or corporation to engage in the business of transporting refuse as defined in Augusta-Richmond County Code section 4-2-5 un- less and until the following conditions are met: 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 in Augusta-Richmond County Code Section 2-1-1, et seq. Prior to the use and opera- tion of any solid waste collection and transportation vehicle, such vehicle shall be thoroughly inspected and examined by the Marshall's Department and found to comply with theAugusta-Richmond County Code. All such businesses shall indicate compliance with this Section by display- ing on each commercial solid waste collec- tion and transportation vehicle a sticker issued for such purpose by the Marshall's Department. Business tax certificates and vehicle stickers shall be renewed annu- ally. The annual inspection fee for compli- ance with this section shall be twenty-five dollars ($25.00) upon enactment of this section. Vehicle and container construction. Solid waste collection and transportation vehi- cles and containers shall be enclosed with a non-plyable material, substantially leak- proof, durable, and of easily cleanable construction, and shall be inspected by the Marshall's Department every six months to ensure the continued mainte- nance of such vehicles and containers. § 4-2-14 PUBLIC HEALTH T4:17 ---PAGE BREAK--- The date showing the last inspection shall be shown on the sticker described herein. Vehicle and container maintenance. Solid waste collection and transportation vehi- cles and containers shall be maintained at all times in clean condition and in good repair, and free of excessive noise, odor and emissions. Littering and spillage. Solid waste collec- tion and transportation vehicles and con- tainers shall be loaded and moved in such manner that the contents will not fall, leak or spill therefrom and shall be cov- ered when necessary to prevent blowing of 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 remove all litter and place the same in proper containers. Vacant lots, borders, parking lots, embankments, fences, walls and sidewalks shall be kept free of litter. Parking lots, shopping centers, convenience stores, drive-in restaurants and all other commer- cial and industrial enterprises shall see to it that their respective properties are kept litter free. Sec. 4-2-16. Duty of proprietors, business managers to insure cleanliness of areas surrounding businesses. The proprietor and person in charge of every business and commercial establishment in Augusta-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 place sweepings in a container to prevent rescattering. Any proprietor or person in charge of a business which offers curb service shall be respon- sible for all paper, trash or other refuse deposited on the street or sidewalk by his customers. Any person in front of whose place of business retail or wholesale transactions are made shall be respon- sible for all trash or other refuse deposited on the street or sidewalk as the result of such transac- tions. It shall be unlawful for any property owner or tenant to permit waste paper, paper cups or food containers of any kind to remain unsecured on his property, but the same shall be placed in a closed container immediately after use. It shall also be unlawful for any property owner or tenant to permit any waste paper, paper cups or other paper products to blow from any premises owned or controlled by him onto the streets of Augusta- Richmond County. Sec. 4-2-17. Grass, leaves, tree trimmings, etc. Prohibited in streets or gutters. It shall be unlawful to place grass, leaves, shrubbery trim- mings, brush, limbs, trees or parts thereof, or any similar materials in the streets or gutters within Augusta-Richmond County. Any person engaged in the business of horticulture or landscape gar- dening or landscape maintenance such that such materials are created as a result of said business shall be responsible for disposing of said materi- als. Collection. Grass, leaves or shrubbery trim- mings and similar materials in the Urban Ser- vices District shall be placed in closed containers or bags, and only brush, limbs, trees or parts thereof, and similar materials which are no more than four feet long and/or four inches in diameter and weigh no more than fifty (50) pounds, all of which are required to be placed in a neat, orderly pile between the curb and sidewalk for collection according to the collection schedule published by Augusta-Richmond County. Disposal required. Material not eligible for collection as set out in subsection hereof shall not be collected, and it shall be the responsibility of the property owner, or the person engaged in the business of horticulture or landscape garden- ing or landscape maintenance, to dispose of said material. Cleaning of property at owner's expense; violations. In the event Augusta-Richmond County discovers such material on property within Au- gusta-Richmond County, Augusta-Richmond County 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 § 4-2-14 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:18 ---PAGE BREAK--- written notice by mail to the person engaged in the business of horticulture or landscape garden- ing or landscape maintenance. In the event the material 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 of said material, with the cost of such collection and disposal billed to the property owner or other responsible party. If such cost is not paid by the property owner within ten (10) of the date of billing, then execution may be issued by the Augusta-Richmond County Commission against the property upon which such service is rendered for the cost thereof, and such execution shall constitute a lien against the property until fully paid and satisfied. Said execution may be en- forced in the same manner, and with the addition of interest and costs, as provided by law for the enforcement of executions for ad valorem taxes. Any person or party violating this section may be prosecuted and, if convicted, shall be subject to the 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 using or occupying any commercial, institutional or industrial building or property shall be obligated, jointly and severally, to provide litter containers of such character, size, number and type as may be specified by Augusta-Richmond County to be reasonably required to hold litter generated by operations of the premises. Specifically, and with- out limiting the generality of the foregoing, the requirement for such containers shall apply to shopping centers, supermarkets, convenience stores, fast-food restaurants, service stations and similar establishments; and shall likewise apply to 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 or commercial 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 such parking 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 provided with containers for the deposit of litter created by packing or repacking operations; and the owner of the premises and the occupant thereof shall jointly and severally maintain surveillance to ensure that all litter is placed in the proper container and the area is kept clean. Sec. 4-2-21. Garbage storage areas to be kept clean. Every owner, occupant and lessee of a house or building shall be jointly and severally required to maintain garbage storage areas in a clean condi- tion and to ensure that all garbage is properly containerized. Sec. 4-2-22. Removal of litter, trash and de- bris resulting from special occa- sions. Litter, trash and debris resulting from special occasions such as holidays, moving or cleanup will be made into bundles weighing not more than fifty (50) pounds each and not more than four feet long, two feet wide and two feet high, and made secure. Empty cartons will be broken down before being placed in bundles. Bundles will be placed at or near the front property line for pickup. Sec. 4-2-23. Removal of construction-site lit- ter. Property owners and prime contractors in charge of a construction-site are jointly and severally required to furnish litter containers for construc- tion litter. All litter from construction and related activities shall be containerized and shall be picked up and placed in containers at the end of each workday. § 4-2-23 PUBLIC HEALTH T4:19 ---PAGE BREAK--- 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 private property within Augusta-Richmond County, writ- ten notice shall be posted at the property which notifies the owner of his/her responsibility to dispose of the material. In the event said litter is not disposed of according to this section within fifteen (15) days of said written notice, the sani- tation department shall have the option, but shall not be required, to collect and dispose of said material, with the cost of such collection and disposal billed to the property owner or other responsible party. If such cost is not paid by the property owner within ten (10) days of the date of billing, then execution may be issued by the Augusta-Richmond County Commission against the property upon which such service is rendered for the cost thereof, and such execution shall constitute a lien against the property until fully paid and satisfied. Said execution may be en- forced in the same manner, and with the addition of interest and costs, as provided by law for the enforcement of executions for ad valorem taxes. In addition, any person or party violating this section may be prosecuted and, if convicted, shall be subject to the penalties provided in Sec. 1-6-1. Sec. 4-2-25. Violations; penalties. All persons, firms or corporations failing to comply with the mandatory provisions hereof or doing any act prohibited hereby shall be guilty of an offense and, upon trial as a misdemeanor and conviction, 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 in any receptacle for garbage and trash (including without limitation, garbage and trash dumpsters belonging to commercial establishments) or to remove, injure or destroy, uncover or in any manner move or disturb such receptacle or any portion of its contents. (Ord. 5935, July 15, 1997) Secs. 4-2-27—4-2-36. Reserved. ARTICLE 3. GARBAGE COLLECTION IN URBAN SERVICES DISTRICT Sec. 4-2-37. Definitions. Business district. The area of the Urban Services District bounded on the north by the Savannah River, on the east by the eastern side of Fifth Street, on the south by the southern side of Walker Street and on the west by the western side of Thirteenth Street, and any other area which may, from time to time, be so designated by the Commission. Residential district. All areas of the Urban Services 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 regular collections as specified by the sanitation depart- ment, it being the purpose and intention hereof to require the placing for collection of all garbage and trash accumulated up to the time of collection and to prohibit the holding over of garbage or trash beyond such regular collections. Sec. 4-2-39. Collection days. Garbage shall be collected in the business district each night, Monday through Friday, ex- cept holidays. Garbage shall be collected from restaurants and business establishments in the business district each week day night Monday through Saturday, except holidays. Garbage shall be collected in the residen- tial district on week days as specified by the sanitation department for the different areas. Tree trimmings, leaves and rough trash will be collected on such week days, holidays excepted, as shall be determined by the sanitation department under 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 be placed on the edge of the curb not later than 8:00 § 4-2-24 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:20 ---PAGE BREAK--- A. M. on all days upon which garbage is to be collected, and in the business district not later than 9:00 P. M. on days upon which garbage is to be collected. No garbage shall be placed on the streets in the residential district after the last collection on Friday and before the following Monday. No garbage shall be placed on the streets in the business district after the last collection on Saturday and before the following Monday. No garbage shall be picked up from the backyard of any 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 boxes or other similar containers when placed at proper points for collection shall be flattened so as to occupy as little space as possible. When flattened, such containers shall be stacked in a manner that will permit convenient removal. Garbage, bits of paper, and other debris shall not be placed in the aforementioned containers. Sec. 4-2-42. Same—Permit for removal. It shall be unlawful for any person to pick up or remove any paper, pasteboard boxes or other material that may be placed outside stores and places of business in Augusta-Richmond County unless such person has the permission of the business owner. Sec. 4-2-43. Reserved. Sec. 4-2-44. Containers and receptacles— Generally. 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 service establishments including hospitals, hotels, apart- ment buildings and multiple unit dwellings, which produce more than five thirty-gallon cans of refuse between specified collections shall use such type of container therefor as the Commission may from time to time prescribe, and shall pay a fee for the collection thereof at the rate of fifty cents per cubic yard of refuse removed. The computation of such fees shall be made by the sanitation depart- ment and the fees shall be paid on being billed therefor by the Commission. If such bill is not paid within ten days from its receipt there shall be added thereto a penalty computed at ten (10) percent of the amount of such bill. Should such firm or person decline or refuse to pay for such service, then such firm or person shall be required to remove its refuse and garbage at its expense, subject to the supervision thereof by the sanitary department. There shall be a minimum of 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 of any premises required to provide himself with a suitable receptacle as provided in this article, or upon 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 duty of the manufacturer, merchant or person to at once provide himself with the required receptacle. It shall be unlawful to fail to comply with such notice within five 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 in any receptacle for garbage and trash or to remove, injure or destroy, uncover or in any manner move or disturb such receptacle or any portion of its contents. Sec. 4-2-47. Putting acids or harmful fluids in receptacles. It shall be unlawful for any person to put any acid 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 use of 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 § 4-2-49 PUBLIC HEALTH T4:21 ---PAGE BREAK--- receptacle, filled or empty, to remain on the streets, sidewalks or any public place in the residential district after 6:00 p.m. following the regular gar- bage collection. All containers in the business district shall be removed from the streets by 9:00 a.m. following the regular night collection. This section shall not apply to closed containers with six cubic yards or more capacity, where special permission has been granted by the sanitary department 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 commercial garbage shall be as follows: For all customers who were being charged at 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 customers which have more than two containers which are picked up more than two times per week shall be charged at the rate of seventy-five cents ($0.75) per cubic yard of container. For all customers who were not charged for pickup prior to December 31, 1987, shall be charged at the rate of one dollars ($1.00) per cubic yard of container for pickup two times per week. ARTICLE 4. DISPOSAL OF ASBESTOS AND BIOLOGICAL WASTE Sec. 4-2-51. Definitions. Asbestos. Any naturally occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, cummingtomite-grunerite, amosite, rieheckite, crocidolite, tremolite and actinolite. Biomedical waste means and includes the following: Pathological waste, which means all rec- ognizable human tissues and body parts which are removed during surgery, obstet- rical procedures, autopsy and laboratory procedures. Biological waste, which means bulk blood and blood products, exudates, secretions, suctionings, and other bulk body fluids which cannot be or are not directly dis- carded into a municipal sewer system. Cultures and stocks of infectious agents and associated biologicals, including cul- tures from medical and pathological labo- ratories, cultures and stocks of infectious agents from research and industrial labo- ratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, m osculate, and mix cultures. Contaminated animal carcasses, body parts, their bedding and other wastes from 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 of pharmaceuticals. 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 and syringes with needles attached, and scal- pel blades. Chemotherapy waste, which means any disposal material which has come in con- tact with cytotoxic/antineoplastic agents (agents toxic to cells) and/or antineoplastic agents (agents that inhibit or prevent the growth 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 tubing bags and vials, and other contaminated materials. The above waste must first be classified as empty, which means such in quantity that it is not subject to other federal or state waste management regu- lations prior to being handled as biomed- ical waste. § 4-2-49 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:22 ---PAGE BREAK--- Discarded medical equipment and parts, not including expendable supplies and materials which have not been decontam- inated, that were in contact with infec- tious agents. Collector. Any person or persons, firm or corporation who, under agreements, verbal or written, with or without compensation, does the work of collecting and/or transporting asbestos and/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 of asbestos and/or biomedical waste at the Augusta- Richmond County landfill without obtaining, at least ten (10) days prior to disposal of the asbestos and/or biomedical waste at the landfill, a mani- fest form from the solid waste engineer of the landfill and/or his representative providing the required information as to material generation, transportation and disposal in accordance with Georgia 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 time prior to disposal of the asbestos and/or biomedical waste at the landfill, access to the removal site for inspections. 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 generated within 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 lawful provisions 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 makes any false statements, representation or certifica- tion in any application, record, report, plan or other 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 Secs. 4-2-56—4-2-71. Reserved. ARTICLE 6. SCRAP TIRE MANAGEMENT* Sec. 4-2-72. Definitions. Scrap tires. All tires which are no longer suitable for their original intended purpose be- cause of wear, damage, or defect as defined in O.C.G.A. § 12-8-22(31). 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. Scrap tire carrier. Any person engaged in picking up or transporting scrap tires not other- wise exempted under section 391-3-4-19(5)(g) for the purpose of removal to a scrap tire processor, end use, or disposal facility as provided in O.C.G.A. § 12-8-22 (32). Tire retailer. Any person engaged in the business 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. The owner or occupant of any property shall be responsible for the sanitary and lawful handling and disposition of scrap tires on the property. All persons defined as scrap tire genera- tors, scrap tire carriers and tire retailers shall be subject to rules as defined in Section 391-3-4-19 *Editor’s note—Ord. No. 6146, § 1, adopted April 6, 1999 provided for this Art. 6 to read as herein set out. See the Code Comparative Table. § 4-2-73 PUBLIC HEALTH T4:23 ---PAGE BREAK--- and handle scrap tires in accordance with the provisions of O.C.G.A. § 12-8-20, et seq. and the rules for Solid Waste Management, Chapter 391- 3-4 applicable to solid waste. The provisions of O.C.G.A. § 12-8-20, et seq. are hereby incorporated in this section as if set out in full herein. Sec. 4-2-74. Accumulation It shall be unlawful for any person in a residential zone to accumulate any amount of scrap tires on or around property which they own or occupy. It shall be unlawful for any commercial business 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 it owns or occupies at any given time. It shall be unlawful for any person or entity authorized by this article and/or state law to handle, store and/or dispose of scrap tires, to do so in any manner other than the following: Permit- ted quantities of scrap tires may be stored outside the property of an authorized business in a con- tainer enclosed on all four (4)sides by a solid screen and having a secure top cover, which container is not visible from any public right-of- way or any adjoining property. Sec. 4-2-75. Enforcement Enforcement of this article shall be the responsibility of the License and Inspection De- partment by and through its Environmental Code Enforcement Officer and his or her designee. Any person or persons authorized to enforce this article on behalf of the Li- cense and Inspection Department Envi- ronmental Code Enforcement Officer shall be empowered to enter any private or public property, upon reasonable cause, at reasonable times in order to inspect the property for violations of this article, sub- ject to the condition that to allow entry on private property for inspection, such of- ficer shall have observed the alleged vio- lation from the public right-of-way, or shall have received a written complaint signed by a resident of Richmond County, Georgia alleging a violation of this article. 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 officer shall first make a reasonable effort to locate the owner or other person having charge, care or control of such and request entry. If entry is refused, the investigat- ing official shall have recourse to every remedy provided by law to secure entry. When the investigating officer shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of the property shall fail or neglect, after proper request is made as herein pro- vided, to permit entry therein by the investigating officer, for the pur- pose of inspection and examination pur- suant to this code section. The License and Inspection Department or the Environmental Code Enforcement Officer shall be authorized to issue summons for hearings on alleged violations of this article in the Magistrate Court of Richmond County. Sec. 4-2-76. Penalties Any person failing to comply with the lawful provisions of this article or doing any act prohib- ited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor shall be subject to both the penalties provided by section 1-6-1, and to any or all of the following penalties: In the sound discretion of the trial court, the violator may be ordered to remove from any property for which the violator is responsible the unlawful accumulation of scrap tires and to come in full compli- ance with this article. In the sound discretion of the trial court, the violator may be ordered to remove § 4-2-73 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007 T4:24 ---PAGE BREAK--- from the property of another any unlaw- ful accumulation of scrap tires for which the violator is responsible. The violator shall be subject to civil re- dress by Augusta, Georgia in a court of competent jurisdiction, it being the intent of Augusta, Georgia to have both the civil and criminal rights of prosecution in this area. § 4-2-76 PUBLIC HEALTH T4:25