2025 Georgia Codes – Page 67

(a) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount
not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous
waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high
and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall consti-
tute a separate violation.
(b) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount
exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous
waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a
misdemeanor of a high and aggravated nature. Upon the second and each subsequent offense such person
shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each
violation or imprisoned for not more than five years, or both; provided, however, that the portion of any term
of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under
this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a
separate violation.
(c) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in any quan-
tity if the substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for
commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than
$25,000.00 for each violation or imprisoned for not more than five years, or both; provided, however, that
the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of
a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs
shall constitute a separate violation.
(d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order
the violator to remove or render harmless any egregious litter dumped in violation of Code Section 16-7-
52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public
service related to the removal of illegally dumped egregious litter or to the restoration of an area polluted by
such substance.
(e)(1) The court shall cause to be published a notice of conviction for each person convicted of violating any
provision of this Code section. Such notices of conviction shall be published in the manner of legal notices
in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal
organ of the county in which the person was convicted. Such notice of conviction shall contain the name
and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be
published once in the legal organ of the appropriate county in the second week following such conviction or
as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be
assessed the cost of publication of such notice, and such assessment shall be imposed at the time of convic-
tion in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any
other person involved in the publication of an erroneous notice of conviction shall be immune from civil or
criminal liability for such erroneous publication, provided such publication was made in good faith.

(a) Whenever a person has been arrested for a violation of Code Section 16-7-52 committed while driving,
moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the per-
son was driving, moving, or operating at the time of arrest until such time as the arrestee claiming the vehi-
cle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee
meets the conditions for release in subsection (c) of this Code section.
(b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the
vehicle:
(1) Presents a valid driver’s license, proof of ownership or lawful authority to operate the motor vehicle, and
proof of valid motor vehicle insurance for that vehicle; and
(2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40.
(c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee
only if:
(1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the
vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or
(2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to
operate the vehicle, and the conditions for release in subsection (b) of this Code section are met.
(d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable
fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle
until that fee is paid.