Five Litter Facts
Summary of Georgia Litter Abatement Act
How to Investigate a Litter Crime Scene
Litter Enforcement Case Studies
City of Marietta, GA
Hall County, GA
Allentown, PA
Dougherty County, GA
Establishing Environmental Courts
Enforcement Officer Toolkit
Comprehensive Litter Prevention and Abatement Act of 2006
At-A-Glance Summary of GA Litter Abatement Act (306KB)
Checklist for Investigating a Litter Crime Scene (24KB)
Litter Crime Scene Investigation Form (25KB)
DNR Law Enforcement Region Map - (pdf) (jpg)
DNR Law Enforcement Region Contact Information
List of Resources and References
Enforcement
- Littering is a crime - anyone caught littering in Georgia can be ordered to pay a fine up to $1,000 or more for serious littering violation. Convicted litterers can also be ordered to clean up a littered area in a community.
- Littered neighborhoods can result in property values being lowered by as much as 15% and often lead to more serious crimes.
- Georgia's litter laws can be enforced on both public and private property.
- Public perception is "I won't get caught" and if "I do," prosecutors and judges don't consider littering a serious crime and will not prosecute or enforce a littering citation.
- Anything leaving a vehicle and falling on the roadside is litter - the driver of the vehicle is guilty of a misdemeanor.
GA Comprehensive Litter Prevention and Abatement Act
of 2006
This Act brings into one place over two dozen different
articles related to litter prevention and
abatement. It amends Parts 2 and 3 of Article 2 of O.C.G.A.
Chapter 16-7 and O.C.G.A. Sections 12-8-22, 12-8-31,
12-8-62, 12-8-92, 17-6-9, 32-6-51, and 40-6-249; enacts
O.C.G.A. Sections 15-9-30.7, 15-10-2.1, 17-7-73, 36-32-10.3,
and 40-6-248.1 and Part 3A of Article 2 of O.C.G.A. Chapter
16-7; and reserves O.C.G.A. Sections 21-2-3 and 32-6-21.
The Act broadens the definition of litter, creates a new
definition for large quantities or particularly nasty
litter, makes some littering offenses felonies, holds
drivers responsible for litter
leaving vehicles, expands jurisdiction of courts to provide
more opportunity to have these cases
tried, and strengthens punishment.
What is litter?
The definition of litter has been expanded in Georgia's new
litter law. It includes any discarded
or abandoned items, specifically identifying:
- Refuse, rubbish, or other waste material;
- Dead animals that are not subject to other provisions of the Georgia code
What exactly is illegal?
It is unlawful to "dump, deposit, throw, or leave or cause
or permit the dumping, depositing,
placing, throwing, or leaving of litter on any public or
private property in the state, unless:
- The area is designated for disposal of litter by the jurisdiction and the person is authorized to use this area; or
- The litter is placed into a receptacle provide by the property owner or tenant for the disposal of litter; or
- The person is the owner or tenant or has gotten
permission of the owner or tenant and is in a manner consistent with the public welfare.
16-7-43(a)
- Litter that exceeds 10 pounds in weight or 15 cubic feet in volume; or
- Any amount of biomedical waste, hazardous waste, or hazardous substance; or
- Any amount dumped for commercial purposes.
16-7-51 (4)
It is unlawful to intentionally dump egregious litter
(unless authorized to do so by law or permit)
on any public highway, road, street, alley, thoroughfare, or
other public land, in or on any freshwater
or tidal or coastal water of the state, or on any private
property unless consent of the
owner has been given and there is no adverse effect on the
public health.
16-7-52
There are other illegal acts related to posting posters,
signs, or advertisements on public or
private property unless authorized by owner; operating a
vehicle on a public road that is not
covered so as to prevent litter; erecting signs, signals, or
devices on roadside or public right of
way.
What are the potential penalties?
Each type of violation comes with its own potential penalty.
These penalties are summarized in
the Table below. In addition to the penalties listed in the
Table, with regard to egregious litter,
the court may order the violator to:
- Remove or render harmless any egregious litter;
- Repair or restore property damages or pay damages resulting from dumping;
- Perform public service related to the removal or
illegally dumped egregious litter or
restoration of an area polluted by such substance.
16-7-53 (d)
Violations and Penalties of Georgia's Comprehensive Litter Prevention and Abatement Act of 2006
| Violation | Penalty | Code Section |
| Littering of less than 10 pounds and 15 cubic feet | Misdemeanor
|
16-7-43 (b) and (c) |
| Littering of more than 10 but less than 500 pounds and more than 15 but less than 100 cubic feet that is not biomedical waste, hazardous waste, or a hazardous substance and is not commercially dumped (1) | Misdemeanor of a high
and aggravated nature
|
16-7-53 (a) and (e)(1) |
| First offense of littering more than 500 pounds or 100 cubic feet that is not biomedical waste, hazardous waste, or a hazardous substance and is not commercially dumped (1) | Misdemeanor of a high
and aggravated nature
|
16-7-53 (b) and (e)(1) |
| Second or subsequent offense of littering more than 500 pounds or 100 cubic feet that is not biomedical waste, hazardous waste, or a hazardous substance and is not commercially dumped(1) | Felony
|
16-7-53 (b) and (e)(1) |
| Littering any amount of
biomedical waste, hazardous waste, or a hazardous substance (1) |
Felony
|
16-7-53 (c) and (e)(1) |
| Littering any amount commercially dumped waste (1) | Felony
|
16-7-53 (c) and (e)(1) |
| Placing poster, sign, or advertisement on public property without permission of owner (3) | Misdemeanor
|
16-7-58(1) |
| Placing poster, sign, or advertisement on private property without permission of owner(3) | Misdemeanor
|
16-7-58(2) |
| Placing poster, sign, or
advertisement on commercial or industrial property if placement conflicts with zoning laws or ordinances(3) |
Misdemeanor
|
16-7-58(3) |
| Erecting, placing, or maintaining sign, signal, or other device in dedicated right of way of public road (unless provided for in local ordinance) (3) | Misdemeanor
|
32-6-51 (a) and (e) |
| Erecting, placing, or
maintaining unauthorized sign, signal, or other device in place or position visible from any public road (unless provided for in local ordinance) that distracts driver, obstructs view, etc. (3) |
Misdemeanor
|
32-6-51 (b) |
| Driving or moving vehicle
on pubic road if vehicle is not constructed, loaded or
covered to prevent load from dropping, escaping or
shifting in a manner to create a safety hazard or
deposit litter on public or private property while on public road. |
Misdemeanor
|
40-6-248.1 (a) |
| Operating or loading for operation on any public road a vehicle with any load unless load and covering is securely fastened to prevent covering or load from becoming a hazard or depositing litter on public or private property while on public road. | Misdemeanor
|
40-6-248.1 (b) |
(2) Within right of way of public roads governed by 32-6-51
(3) Each poster, sign, or advertisement a separate offense.
Who can enforce?
All law enforcement agencies, officers, and officials of the
state or any political subdivision or any enforcement agency,
officer, or any official of any commission or authority of the
state or any political subdivision can enforce compliance. Any
of these entities can appoint any person to enforce the
provisions of this code section who is a U.S. citizen of good
moral character that has not previously been convicted of a
felony. 16-7-43 (d) and 16-7-45 New provisions in the Act allow
probate, magistrate, and municipal courts to hear cases
punishable for its violation as a misdemeanor. 15-9-30.7,
15-10-2.1, and 36-32-10.3
What other provisions address litter coming from a vehicle?
When litter comes from a motor vehicle, it may be assumed that
the operator is responsible 16-7-44 (a) If the violation is for
egregious littering, then the arresting law enforcement agency
may
impound the vehicle. 16-7-53.1 Vehicles should be constructed,
covered, or loaded to prevent littering on public or private
property. Any person violating this code shall be guilty of a
misdemeanor. 40-6-248.1 Although not part of the Litter Act of
2006, Section 40-6-276 requires that the driver of wrecker truck
towing away any vehicle from the scene of a wreck take away all
parts belonging to the vehicle that he is towing, or, if they
consist of small parts or broken glass, the driver shall clear
the streets of said small parts or glass, unless the driver is
ordered not to do so by the investigating police officer due to
circumstances at the scene of the accident.
What if no one actually sees who littered?
When litter is found that contains a name indicating that it
belongs to a particular person, it may be assumed that that
person has littered.
16-7-44 (b)
How does this Act impact local authority with regard to
littering?
Local governments can adopt and enforce their own ordinances to
regulate and control litter.
16-7-48
How to Investigate a Litter Crime Scene
Investigation Safety
Based on Information provided by Rodney Robertson, Newton
County, GA Code Enforcement Coordinator
Upon arriving at a crime scene, observe the area for potential
safety hazards. Failure to do so could result in exposing
yourself to minor injuries, lifelong sickness, or even death.
Be prepared for the unexpected, and do not hurry the
investigation.
- Park your vehicle safely.
- Use emergency lighting - especially during times of low
light, bad visibility, or
inclement weather. - Wear your safety vest, preferably one with reflective
material, especially when
working in high traffic areas, or in areas where hunters may be present.
Common hazards for an officer investigating a litter crime scene include:
- Scrapes, cuts, and abrasions;
- Insect bites;
- Falls;
- Exposure to poisonous plants.
Threats less frequently encountered but are more serious in nature are:
- Exposure to hazardous chemicals;
- Exposure to bacteria; and
- Puncture wounds from sharps or needles.
To protect yourself, have on hand the following safety equipment to be used as needed:
- Cellular phone or two-way radio - In the event
you are injured and need to
contact someone for assistance; - Latex gloves - for protection from infectious or biohazardous waste;
- Chemical resistant gloves - should be worn over
latex gloves, or at a minimum
on the hand in which you are searching through the garbage with; - Eye protection - to prevent eye exposure to liquids -
wraparound type are
preferable; - Antiseptic wipes or lotion - for cleaning hands
after completing the
investigation; - First aid kit - should be readily available in case of an accident;
- Filter mask - should be readily available to
prevent the inhalation of potential
respiratory hazardous material; - Bug spray - worn to control and possibly prevent insect bites;
- 20-ounce bottle of water - preferably with an easy-open
squirt top - to wash out
eyes or cuts; - Proper Clothing -
- Long pants - preferably a type that does not
contain pieces that could
become snagged or entangled in limbs or briars; - Long-sleeved shirt - to protect you from cuts, scrapes, and bug bites, as well as plants that could irritate the skin;
- Boots - preferably those with a non-slip sole. High-topped boots may also help to prevent turned ankles on uneven surfaces.
- Long pants - preferably a type that does not
contain pieces that could
Use the following safety procedures when investigating a litter/illegal dump crime scene:
- Any material that bears a hazardous chemical label, or
container that looks
like it may contain chemicals, should be investigated with extreme caution. Never smell or taste the item to identify it. Try to identify the contents by copying information from the label, then suspending the investigation until a determination can be made regarding toxicity. - Any waste that contains red bags should be approached with extreme caution. Typically biomedical waste is disposed of in red bags or containers labeled as biohazard.
- If you encounter a situation that you do not have expertise to handle, contact your fire department, HAZMAT or the GA Environmental Protection Division.
- If an accident occurs, suspend your investigation and call
for assistance, if
needed. - Avoid touching the evidence after post-investigation cleanup.
- Decontaminate your shoes before stepping indoors.
Investigational Tips
Based on presentation developed by RFC Robert Peacock, Georgia DNR
Collecting Evidence
- Preserve the crime scene;
- Take many pictures;
- Estimate the waste quantity - weights and volumes, as well as waste types;
- Look for anything that you can tie back to an individual or company (such as address labels, delivery or sales receipts, medicine bottles, etc.);
- Note proximity to streams, wetlands, or other environmentally sensitive areas;
- Try to obtain the coordinates of the site using GPS or GIS technology;
- Take your time.
Other Investigation Tips
- Develop and maintain a good rapport with other law enforcement agencies - they may be able to help you, and may arrive first or have additional resources/authority.
- The general public may be your best source of general information - but not always the most reliable - so follow up on every complaint.
- Consider using your local Conservation Ranger;
- Focus your time on the problem areas - you may have to sit and wait;
- Consider using aircraft - it allows you to see sites you may not be able to see from the roads - what you find in a few hours may keep you busy for months;
- Work with your court system to ensure that environmental crimes are prosecuted.
Implementing Community Policing
Marietta, Georgia
Background
In 2000 the City of Marietta began implementing a community policing
program. A Commander from the Police Department is responsible for
each of the City's five zones, which is served by a Zone Management
Team. The Police Department subscribes to the "Broken Window
Philosophy" - having observed a strong link between neighborhoods
that "look bad" (with litter, graffiti, broken windows, etc.) they
believe that it is
imperative to resolve these types of neighborhood issues as quickly
as possible, before others exacerbate the problem. Also, Commander
David Lee notes that the police are not only there to "catch
criminals," but also to ensure that residents have a good quality of
life. While writing a ticket for a litter infraction may seem like a
relatively dull task for a police officer, Commander Lee notes that
the philosophy of the Department is that
residents have a right to a litter-free (as well as graffiti-free)
environment, and thus it is
still an important infraction to pursue. The philosophy of the
department supports
officers' writing tickets for such "quality of life" issues.
Nuts and Bolts of Zone Management Teams
Zone Management Teams are generally comprised of: a Police
Commander, one Police
Lieutenant, two Police Sergeants, three uniform patrol officers (one
from each shift),
three additional officers (e.g., one from traffic unit, one from
criminal intervention unit,
and one from community outreach), City Code enforcement officers,
and others, such as
members of the Board of Lights and Water, depending on specific
issues faced in that
zone.
Commander Lee notes that while Keep Marietta Beautiful is not an
"official member" of
one or more Zone Management Team, KMB helps all zones tremendously
by providing
anti-litter information, volunteers, t-shirts, and other supplies
for community clean-ups,
and anti-graffiti outreach and education.
Zone Management Teams meet at public town hall meetings on a
quarterly basis,
discussing issues and potential solutions. On an ongoing basis,
citizens and officers fill
out Community Zone Action Forms (which are available on the City's
web site) to
inform the Commander of a quality-of-life issue that is taking place
in their zone. The
Commander for each zone is responsible for following up on each Zone
Action Form.
This provides each Commander with accountability for his or her
specific zone.
Benefits of Community Policing
Community policing allows officers to develop relationships with
individuals and to
understand specific issues facing their zone. Furthermore, the
philosophy of the
Department supports officers in their quest to enhance citizens'
quality of life. By
establishing relationships with youngsters, particularly in some of
the more distressed
zones, the officers have noticed that youngsters are developing
pride in their
neighborhood, and putting pressure on others to keep the community
clean. Commander
Lee notes that since this program's inception in 2000, the crime
rate has declined by 40
percent.
A Separate System for Ordinance Violations
Hall County, Georgia
Background
In the early 1990's, environmental concerns became the incentive
for Hall County residents and County staff to identify ways in
which local laws could be used more effectively in order to
protect the environment. The County is home of Lake Lanier,
which is critical to the citizens' quality of life, and a strong
economic contributor, not to mention a source of water for the
City of Atlanta. A sate-wide local government code enforcement
group was formed by the State Environmental Protection Division
to analyze the best way Counties and Cities could more
effectively use their ordinances to protect the environment. The
group arranged a trip to Memphis, TN in the early 1990's, where
they were very impressed with how Judge Potter's environmental
court worked
there. By 1996 County officials had decided that Memphis's
system should be adopted
in Hall County.
Benefits of a Separate System
The County thus began hearing and prosecuting County ordinance
violations in a separate, parallel judicial system in the late
1990's. Anne Bishop was hired as an Assistant County Attorney,
prosecuting strictly ordinance violations. A separate magistrate
court judge was assigned to hear county ordinance violations
exclusively - Judge Gene Roberts being the first such judge.
Having a prosecutor focus on these cases not only ensures that
they receive timely attention, as opposed to being lost in a sea
of other "more serious" violations, but also provides the
magistrate judge and the prosecutor with a broad array of
information pertaining to offenders, such as the history of
repeat offenders, excuses provided by violators, etc. Focusing
on such cases has provided both the Assistant County Attorney
and the Judge with the ability to understand what sentences are
likely to be effective, and creative sentencing has ensued.
Creative Sentencing
Judge Roberts often found it beneficial to impose the maximum
sentence, with the stipulation that they would review the case
in 30 or 60 days, and apply a credit for some of the fine if the
offender had cleaned up the property by that point in time. Ms.
Bishop finds it beneficial to tell the offender up-front that
their sentence will be reduced the more quickly they remediate
the site, thus providing the defendant with a strong incentive
to clean the litter or illegal dump site, and as soon as
possible.
Violations of County
ordinances carry, by law, a maximum sentence of $1,000 fine, 60
days in jail, and/or six months' probation. In the case of
particularly egregious violations, the County can charge the
offender with several violations, thus stiffening the
sentencing, and therefore the deterrence, or put its strong
nuisance ordinance into effect, ordering the cleaning (or
demolition) of a site at the expense of the property owner.
Results
Although the County has not achieved 100 percent compliance,
they have definitely seen increased success in convincing
violators to clean up illegal dump sites. In addition, there has
been a decrease in littering cases, and there are fewer repeat
offenders since the more effective use of citations for
littering and dumping cases has sent a message into the
community that the ordinances are being enforced.
Streamlining Sanitation with SWEEP
Allentown, Pennsylvania
Background
The City of Allentown, Pennsylvania, had been experiencing an
increasing litter problem in its downtown commercial and
government districts in the early 2000's. In fact, a 2003
citizen survey indicated that increased litter (tied with crime)
was the "single most important issue that should be addressed by
the city government." The City's Mayor formed a Task Force to
look into potential solutions to the problem. The Task Force
suggested that the City adopt Philadelphia's successful SWEEP
program. The City improved many downtown cleanup programs,
launched a "Don't Trash Allentown" education and outreach
campaign, and improved litter enforcement. In 2005 the City
began a pilot program called SWEEP. SWEEP (Solid Waste Education
and Enforcement Program) aims to reduce litter and trash
problems in the City of Allentown through improved enforcement
and compliance with the City's revised trash, litter and
recycling ordinances, as well as through education.
SWEEP Specifics
Previously, police officers in Allentown focused on issuing
citations for littering and illegal dumping, and the health
bureau for trash storage and set-out violations. Therefore, one
site could involve several departments, with no one department
or program having comprehensive authority. Similarly, the police
department dealt with various types of crime, thus illegal
dumping and littering issues did not always receive top priority
within the Department. Furthermore, citations involved the
judges in the process, which was often time-consuming and
resulted in little or no punishment for littering offenders.
The SWEEP program provides a comprehensive tool for one
department to cover all offenses for which a ticket could be
written. The program began with the passage of the ordinance
revisions in March 2005. The revisions allowed for the issuance
of tickets (vs. citations) for certain City Code violations, and
tightened the City's solid waste, littering, and recycling
ordinance language, such that it was more clear, and
strengthened the responsibility of property owners to keep their
properties clean. The City is in the process of hiring their
fifth SWEEP officer. These officers can issue tickets for all
littertype offenses, allowing police officers and health bureau
sanitarians to focus on their other duties (though they can
still issue tickets too). The tickets are "pre-citation"
tickets, and therefore do not involve a judge, unless the
tickets are unpaid, or there are egregious violations.
SWEEP Successes
By mid-2006 1,136 SWEEP tickets have been issued for 1,391
violations. SWEEP officers have written 93 percent of these
tickets. The City has received $53,757 in ticket revenue since
the June 2005 start-up of the program, and the SWEEP program has
saved the District Magisterial Judges from hearing over 2,000
cases per year. Ann Saurman, Program Manger, stresses the
importance of meeting with or sending information to judges to
stress the importance of illegal dumping and littering issues.
Tough Love for Litterers
Dougherty County, Georgia
Introduction
In rural Dougherty County, Georgia, illegal dumping and
littering is a serious problem.
Judy Bowles, Executive Director of Keep Albany-Dougherty
Beautiful, makes education
and outreach about littering a top priority. Each year she
conducts a six-week education
blitz, using television and newspaper public service announcements, to educate citizens
about littering and illegal dumping. Much to Judy's dismay,
simply providing education
and outreach and posting "Thank you for Not Littering" signs
does not dissuade all
citizens. So for the past six or so years, Ms. Bowles has fought
back with a "tough love"
strategy of her own.
Alerting the Press
When an illegal dump site is discovered by law enforcement
officers, and the culprit is
discovered, code enforcement disseminates that information to
Ms. Bowles as soon as
possible. In turn, she quickly calls the local newspaper and two
television stations and
meets them at the dump site to stage a not-so-glamorous media
moment. She announces,
on air, standing amidst the pile of litter, the apparent
offender's name, the potential court
date, and potential fines. This approach is a win-win for the
community - the media is
provided with an interesting story, additional education
regarding littering is provided
(free of charge), and future offenders are deterred via
humiliation and embarrassment.
Another issue that has been plaguing Dougherty County is yard
sale signs that people are
eager to put up, but never remove. The County posted small signs
on public posts,
indicating that it is illegal to put up yard sale signs, and the
crime is punishable by a fine
of $365 per sign. One woman, however, placed her yard sale sign
squarely under the
warning. For this offense, Ms. Bowles invited the media to the
offenders' home for an
on-the-spot interview. Ms. Bowles indicates that, in the six to
seven years she has been
taking this approach (with 20 or so media spots), the media has
never once failed to show
up.
A Jaunt for Judges
Ms. Bowles had been disappointed in the past with judges'
sentencing for littering
crimes. She found that judges often gave unsuitably small
sentences - mere "slaps on the
wrist" - for a crime that negatively impacts the whole
community. She sensed that
judges and others simply weren't aware of the severity of the
problem, or could even
visualize what an illegal dump site was. Thus, Ms. Bowles
involved the media again, on
a bus tour she arranged for judges, City department heads, and
the City manager, to see
four illegal dump sites. This created an opportunity to educate
the attendees and to show
them firsthand how these issues impacts the community. It also
provided them with an
immediate, public forum to state their resolve to stop such
crimes. The result, according
to Ms. Bowles, was markedly stiffer sentencing for litterers and
illegal dumpers.
Establishing Environmental Courts
Need for Environmental Courts
Traditionally, local governments have addressed environmentally
destructive behavior, such as littering, graffiti, and illegal
dumping, using code enforcement and penaltysystems of the same
courts that address more-dangerous criminal infractions. This
system left judges and prosecutors with little familiarity
concerning environmental cases and inadequate time to devote to
such infractions. The bottom line - environmental cases
have been viewed as insignificant by many, resulting in little
enforcement, thus little incentive for the public to obey
environmental codes. Enforcement officers, similarly, were often
left with low morale, as their efforts seemed to be unsupported
by the judicial system. In certain communities, environmental
courts have been created as a moreeffective alternative.
Highlights of Environmental Courts
Growing in popularity, particularly in Southern states,
environmental courts hear strictly violations that impact
safety, sanitation, and quality-of-life issues such as:
- Littering;
- Illegal dumping;
- Neglected properties;
- Abandoned vehicles; and
- Graffiti.
Environmental courts often have a dedicated judge and
prosecutor (as exists in Hall County, Georgia). This allows them
to develop expertise regarding such crimes, the factors that
lead to them, and the enforcement tools that lead to compliance.
Continuity is often helpful in adjudicating significant and
often complicated cases. Environmental courts generally focus on
developing compliance, rather than penalties. They may also
involve issuing tickets, rather than citations (such as in
Allentown, PA), so that judges are not involved except in the
case of egregious and repeat violations. Environmental court
systems often include a community policing attitude. Judge
Potter of Memphis, for example, frequently visited infraction
sites, giving residents an opportunity to see their government
in action. He is currently working to create the nation's first
community-based environmental court, where the court would sit
in different areas of Memphis to hear cases that originate in
those areas, with immediate input from the surrounding
neighborhoods. The City of Marietta, Georgia, has divided the
City into zones, such that each Commander can develop expertise
regarding the issues in the zone, as well as relationships with
leaders and citizens-at-large - holding town hall meetings
within each zone on a quarterly basis.
Benefits of Environmental Courts
Memphis and Shelby County, TN developed the nation's third
environmental court system in 1983, having been inspired by
Judge Jester's environmental court in Indianapolis, Indiana.
Judge Larry Potter of Memphis's Municipal Court began hearing
environmental cases on Friday afternoons. Thus the Court did not
involve new resources - it simply organized them differently.
The benefits of Memphis's environmental court became apparent in
little time and include the following:
- The judge specializes in environmental laws and regulations, focusing on the seriousness of an offense in its proper context;
- Inspectors no longer have to wait in court while other "non-environmental" cases are heard - thus their productivity (and morale) are improved;
- The judge's decisions give the code enforcement agencies the ability to fashion their cases in an appropriate manner, since the court developed its own set of binding precedents;
- Cases are heard in a more expeditious manner - thus compliance efforts can be made more quickly - thereby spurring a renewed spirit of cooperation among civic and political leaders and citizens; and
- Police officers writing citations for environmental violations are supported fully by department officials.
The above benefits, combined, result in a system that has more-immediate consequences for environmental infractions (and more-immediate benefits for their remediation). In sum, environmental courts:
- Improve compliance;
- Reduce ordinance violations; and
- Improve relationships among law enforcement, court clerks and judges, and code inspectors; and
- Raise public awareness about environmental ordinances.
Steps for Establishing Environmental Courts
To set up an environmental court in your city:
1. Determine whether the enforcement of quality-of-life ordinances could help clean up the community.
2. Gather the facts - for example:
- Which local agencies enforce does that are of interest to an environmental court? (Examples - building, fire, safety, public health, housing, solid waste, and environmental codes)
- Is there currently inadequate enforcement of violations?
- How many cases are heard annually and how many could be prosecuted by an environmental court?
- Do enforcement agencies take violations seriously?
- Would it be feasible to establish a court specifically designated for environmental matters - staffed by a non-rotating judge or a specialized docket of the general jurisdiction court?
- Are penalties/fines stiff enough to deter violators?
- Do judges and prosecutors supportive of the enforcement of such codes?
3. Involve people
- Develop a list of contacts at all agencies, departments, civic organizations and court that would be involved in the court's formation. Include the mayor, council members, presiding judge, administrative clerk of the court, city or county attorney, county board, and other influential community leaders.
- Hold an informational meeting to explain the concept and gain consensus on the need for the court. Consider showing KAB's environmental court video.
- Identify where the nearest environmental court is, and send a representative from the group to observe the court in action. (KAB has a list of affiliate communities with environmental courts).
4. Define the Court and system, planning systematically - for example:
- What jurisdictions will be involved?
- Do ordinances need to be revised to strengthen enforcement, penalties, or change jurisdictions?
- Set the Court's guidelines.
- Develop the Court's method for formal organization and steps for filing all documentation.
- Determine budgetary considerations - are additional personnel needed? At what cost?
- Write legislation and ordinances, as needed and seek passage by the governing body of the jurisdiction served by the Court.
- Determine guidelines for sanctions (e.g. fines, community service, jail time).
- Establish a system for channeling cases to the environmental court.
- Identify a judge to try the cases.
- Provide training for everyone involved with the new court (including Court reporter, clerk and attorneys).
5. Keep everyone involved informed
- Hold periodic meetings of the organizing group to gather and distribute information about the Court's activities.
- Encourage the Court to conduct training sessions for agency inspectors on how to prepare stronger cases for prosecution.
- Provide the Court judge with information about KAB and the American Bar Association's network of environmental court judges.
6. Keep the public informed:
- Involve the media; hold a press conference to announce the Court's formation; let the public know that your community takes environmental code infractions seriously.
- Conduct a public awareness program to educate citizens about the Court. Emphasize its major function is to change attitudes about waste handling and environmental or health concerns versus levying fines or penalties.
7. Track results - how much has compliance improved? Monitor the number of cases filed, the time between filing and action, cases dismissed due to compliance, and attitude and behavior changes.
Establishing an environmental court system can be an effective enforcement strategy that can improve prosecution
Georgia DNR Wildlife Resources Division Law Enforcement Section Contact Information By Region
| Region 1 Calhoun PO Box 786 Calhoun, GA 30703 (770) 769-9680 |
Region 2 Gainesville 2150 Dawsonville Hwy Gainesville, GA 30501 (770) 535-5499 |
| Region 3 Thomson 142 Bob Kirk Road Thomson, GA 30824 (706) 595-4211 |
Region 4 Macon 2618 Shurling Drive Macon, GA 31211 (478) 751-6415 |
| Region 5 Albany 2024 Newton Road Albany, GA 31701 (229) 430-4252 |
Region 6 Metter 360 Cedar Street Metter, GA 30439 (912) 685-2145 |
| Region 7 Brunswick Suite 201, One Conservation Way Brunswick, GA 31520 (912) 264-7237 |
Resources and References
Community Contacts
Allentown, Pennsylvania
The City of Allentown implemented SWEEP - Solid Waste Education
and Enforcement Program, which streamlined enforcement for
littering and other code violations. The SWEEP program allows
SWEEP officers to issue "pre-citation" tickets, which do not
involve a judge. SWEEP officers also have more comprehensive
authority over littering and illegal dumping issues - many of
which previously "fell between the cracks" when multiple
departments were involved. Judges may become involved in the
case of egregious or repeat offenses.
Contact:
Ms. Betsy Levin
Manager
Allentown Bureau of Recycling and Solid Waste
Levin@allentowncity.org
610-437-8729
Dougherty County, Georgia
Dougherty County, Georgia has been successful in using media
coverage to embarrass litterers. The Executive Director of Keep
Albany-Dougherty Beautiful calls the media once code officers
have investigated an illegal dump site or litter pile and
discovered who the apparent offender is. The media go to the
site, where the individual's name is
announced, and aired on television. This has proven to be an
effective disincentive for littering. The media also provided
coverage of a bus tour of illegal dumps that was arranged for
judges and other municipal officials. This was an excellent
public forum for judges and officials to publicly state their
concern for the issue, and support for anti-litter enforcement.
Contact:
Ms. Judy Bowles
Executive Director, Keep Albany-Dougherty Beautiful
http://www.albany.ga.us/kadb/kadb_index.htm
Hall County, Georgia
Hall County, Georgia established a separate court system - judge
and prosecutor, to try code violations. This program, modeled
after Memphis, TN's Environmental Court, allows the magistrate
judge and the prosecutor to focus on code violations, recognize
repeat offenders and their modus operandi, as well as develop
creative and effective sentencing strategies - which was
difficult to do when trying other types of crimes, which tended
to take precedence over code violations.
Contacts:
Judge Gene Roberts
Hall County, Georgia
770-718-5143
Ms. Anne Bishop
Assistant County Attorney for Code
Enforcement
abishop@hallcounty.org
Marietta, Georgia
The City of Marietta implemented a community policing program in
2000. The City is divided into five "zones," and a Police
Commander is responsible for each zone. Zone Management Teams
solve issues that are relevant to each zone, and meet in a town
hall meeting each quarter. Commanders have accountability for
their zone. This strategy allows for relationship-building and
getting to really understand the issues facing a
neighborhood.
Contact:
Commander David Lee, Marietta, Georgia Police Department
dlee@mariettaga.gov
Memphis/Shelby County, TN
Memphis and Shelby County, TN have developed a well-know,
progressive environmental courtsystem, headed by Judge Potter.
Shelby County Environmental Court
901-545-3456
Potter-L@co.selby.tn.us
Rhodes-P@co.shelbyb.tn.us
www.envirocourt.co.shelby.tn.us
Other Resources
Auntie Litter
http://www.auntielitter.org/
National non-profit organization that is dedicated to providing
environmental education to the general public, particularly
children. This site also features a "Teacher Talk" section.
Don't Mess with Texas
http://www.dontmesswithtexas.org/index.php
This Texas anti-litter campaign sponsored by the Texas
Department of Transportation is perhaps the most widely known
anti-litter slogan in the nation. Resources and programs include
education and outreach materials, adoption programs, cleanup
programs, and contests.
Keep America Beautiful
www.kab.org
Resources Include:
- Links to Great American Cleanups;
- Toolbox for Community Change;
- Litter Index - Description of methodology for measuring progress;
- Graffiti Hurts® - Anti-graffiti program information;
- Take Action - How to start a cleanup program in your community;
- Clean Sweep USA - Education and outreach information;
- Waste in Place - Elementary education curriculum;
- Waste in the Workplace - Education and outreach materials for workplaces;
- Cigarette Litter Prevention - Information to remediate and educate about cigarette butt littering;
- Close the Loop - A video about the benefits of purchasing recycled content products, produced in cooperation with the U.S. EPA;
- And more.
Litter It Costs You
www.litteritcostsyou.org
This web site is still under development, but will contain education
and outreach materials for residents, including a story and game for
children, and educational contents. In addition, there will be
information for local governments and communities, including a
toolkit, and information about litter indexes, litter/solid waste
surveys, press kits, and links to other resources. There will also
be a section for businesses (e.g., adoption and
sponsorship programs) and for media including current press
releases, media experts, and
campaign information.
National Center for Environmental Decision-Making Research,
Decision Maker's Guide to Controlling Litter and Illegal Dumping.
http://www.ncedr.org/guides/litter/default.html
Includes:
- Case studies;
- Check lists;
- Model laws;
- Links to additional resources; and
- Media/press releases.
Ockels, John H., Ph.D. Presentation materials developed for Texoma Council of Governments on behalf of Keep Texas Beautiful.
Peacock, Robert, GA DNR. Environmental Crimes (Presentation,
August 2006).
478-751-6415
dnr326@bellsouth.net
Pennsylvania Cleanways
http://www.pacleanways.org/
A non-profit organization that helps people who are ready to take
action against illegal dumping and littering in their communities.
Their core programs revolve around cleanups, adoptions and
education. Programs and resources include:
- Newsletters (for adults and children);
- Results of litter survey studies;
- Adoption programs;
- Cleanup programs;
- Publications; and
- "Tools for Change" - A guide for implementing programs in your community.
Pennsylvania Resources Council
http://www.prc.org/
www.litterbug.org
A state and national leader in waste reduction and recycling, the
remainder of PRC's work focuses on litter and visual blight
prevention, watershed awareness, and composting. The strength of
PRC's programs is derived from its continuing efforts to
bring people, businesses, and government together to prevent and
solve environmental problems. Programs include anti-litter programs
and outreach, as well as antibillboard/anti-blight programs and
resources. A model community anti-litter law is also available on
the litterbug.org web site.
Robertson, Rodney, Newton County Georgia Code Enforcement
Coordinator,
Environmental Enforcement Field Safety Procedures.
U.S. EPA Region 5, Illegal Dumping Prevention Guidebook
(EPA905-B-97-001), March 1998.
http://www.epa.gov/reg5rcra/wptdiv/illegal_dumping/downloads/il-dmpng.pdfEPA