Smyrna, GA Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Civil penalty
- Up to $1,000.00 per day unremedied after notice
- Criminal penalty
- Under Section 1-8; each act and day separate
- Citing agency
- Community development department, to municipal court
- Dumping in another's container
- $200.00 fine or 30 days in jail
- Litter cleanup order
- Pickup along a street up to one mile
- Evidence presumption
- Waste bearing a name is presumed the named owner's
Summary
In the City of Smyrna, Georgia, it is unlawful to dump or leave litter on any public or private property, or to put solid waste into a container away from where it was generated. The community development department cites violators to municipal court, with a civil penalty up to $1,000.00 for each day the violation remains unremedied.
(a)It shall be unlawful for any person to dump, deposit, place, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in the city, unless:(1)Such property is designated by the city for the disposal of such litter, and such person is authorized by the proper public authority to use such property; ... (b)It shall be unlawful for any person to place solid waste or refuse into a private or commercial container or on any property or location different from where the solid waste or refuse was generated, except: ... (a)Civil penalties. The community development department may issue a citation to the applicant requiring such person to appear in the city municipal court to answer charges for such violation. Upon conviction, the court may impose a penalty not to exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation.
Full Breakdown
Article IV of Chapter 86 of the Smyrna Code is the litter and dumping article. Section 86-81 states the Mayor and Council's intention to prohibit all littering on public or private property. Section 86-82 defines litter broadly: sand, gravel, slag, brickbats, rubbish, waste material, metal cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description. Public or private property includes road and highway rights-of-way, bodies of water and their shores, parks, and residential, business or farm properties.
Section 86-83(a) makes it unlawful to dump, deposit, place, throw or leave, or cause or permit that to happen, on any public or private property in the city, unless the property is designated by the city for disposal and the person is authorized, the litter goes into a closed litter receptacle, and the person is the owner or tenant in lawful possession or has the owner's consent. Subsection (b) separately bars placing solid waste or refuse into a private or commercial container, or at any location, different from where it was generated, unless the container is approved by the proper authority of the city and is designated for the location where the waste was generated. Subsection (c) presumes that waste containing matter identifying the owner belonged to that owner and was discarded by that owner until otherwise proven, and Section 86-84 repeats the rebuttable presumption for letters, bills, or publications bearing a name. Subsection (d) bars operating a motor vehicle with a load that is not adequately secured to prevent dropping or shifting onto the roadway.
Related sections widen the net. Section 86-35 makes it unlawful to deposit garbage, trash, dirt or dead animals in another person's container to avoid subscribing to pickup, punishable by a $200.00 fine or 30 days in jail, and the city can pay a $50.00 reward for information leading to conviction. Section 90-32 bars depositing leaves, trash, garbage or any other material in enclosed catchbasins, storm sewers, easements or road rights-of-way to obstruct or restrict drainage. Section 86-86 authorizes and directs all state and local law enforcement agencies to enforce the article.
Violations & Fines
Section 86-85(a): the community development department issues a citation to appear in city municipal court, and on conviction the court can impose a penalty not to exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation. Section 86-85(b): criminal punishment under Section 1-8, a fine not exceeding $1,000.00, up to six months in jail, or other listed sentences, with each act and each day a separate offense. The court can also order reimbursement of the city's reasonable removal cost and require the violator to pick up litter along a public street or right-of-way for a distance not to exceed one mile.
Frequently Asked Questions
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Sources & Official References
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