Pickens County senior magistrate judge Paul Carden found a
Price Creek area resident guilty Thursday of littering and dumping,
imposing a fine many times higher than that recommended by Pickens
County authorities.
Robert Hayles was fined $500 by the magistrate court Thursday
for violation of county littering ordinances at his private residence
on Mountain Crest Drive, off East Price Creek Road. Hayles placed a
request for an appeal on Monday, which will be heard before the
superior court.
The county, whose case was presented by Corporal Kevin
Osborne of the sheriff's office, had requested a fine of only $100.
Senior Magistrate Judge Carden said photos of Hayles'
residence show he had committed a "clear and deliberate violation of
the county ordinance."
"I think Corporal Osborne has cut you some slack," said
Carden, noting that state guidelines would have allowed a fine of
over $1,000.
Following the hearing, Osborne said the judgment shows the
county is "serious about controlling littering and dumping."
In his testimony, Hayles said there was no danger to public
health generated by a pile of building scraps near his house, for
which he was cited. He was also cited for a stack of unused tires,
and an empty cooler, cans and bottles on the ground.
"Every charge I am accused of here addresses health issues,"
said Hayles. "I took care of it, but not in a way [Osborne] wanted me
to. I took care of it in a way that was acceptable to the [federal
Centers for Disease Control] and the county extension office."
The trash is mostly from ongoing efforts by Hayles to remodel
his home, he said. It includes discarded insulation, lumber and an
old hot tub.
He said the process has been slow due to financial and
personal problems, but he has already hauled away two 20-yard
Dumpster loads of refuse in recent months, adding he is "working on
the third one."
In his cross-examination, Hayles asked Osborne, "Does a pile
of debris ten by ten feet really constitute dumping when you're
remodeling your house, however slowly that may be?"
Osborne said the debris must be "containerized" and removed
from the property within one day.
Hayles acknowledged that his property is an "eyesore," but
the trash is not visible to the public, as it is offset far enough
from the main road.
When asked by the judge if he had seen any mice, rats,
possums, raccoons, snakes or other "vermin" inhabiting the trash,
Hayles said he had not.
"I've seen deer and bears. I live in the country," said
Hayles. "I see possums and 'coons all over Burnt Mountain."
Hayles said Osborne was acting on a "personal agenda" because
Hayles did not remove 60 honeybee hives from his property. Neighbors
had complained about the hives in previous weeks, which are there
legally, Osborne noted.
One charge related to a stack of five unused tires that
Osborne said had collected water, where mosquitoes could lay eggs
increasing the risk of West Nile Virus.
He called them "scrap tires," while Hayles said they are
"used tires" that fit his vehicle, and he keeps them in case he has a
blowout. State environmental ordinances make a distinction between
"scrap" and "used" tires.
"These tires are usable, and I keep them so I don't have to
spend $100 on a new tire in case I need it," said Hayles.
Besides, Hayles said he has placed CDC-approved anti-mosquito
tablets in the tires which prevent the bug's eggs from hatching.
Osborne asked if he could prove he had used the chemicals, and Hayles
said he could not.
Osborne, who testified first at the hearing, said on April 9
he responded to a 911 call from Hayles' neighbor who claimed he
observed Hayles burying trash on the property.
There was no record of a call at the county 911 center, said
EMA director Layne Arnold. Instead, Osborne called the center to let
dispatchers know where he was going. Another deputy went to Hayles'
residence with Osborne.
Osborne later said Hayles' neighbor complained in person to
the Pickens County jail on April 9, and the jailer then called
Osborne who was off duty at the time.
When he arrived at Hayles' residence Osborne said he did not
see evidence of buried trash, but observed the stack of tires, a
trash pile, and a cooler that contained empty cans and bottles.
Photos of the trash and non-complying aspects of the property
were presented to the judge Thursday. Hayles was also given a warning
because he did not have a business license for a mobile peanut stand.
Osborne said in his testimony the first time he visited
Hayles' property was about a month earlier, in response to complaints
about the bee hives. He said there was no violation for the hives,
but he noticed the trash and tires and verbally warned Hayles to
clean them up.
Hayles said at the hearing that Osborne told him that if he
did not remove the bee hives, he would come back and cite him for
littering. Osborne denied making such a statement, to which Hayles
responded the deputy "either has a faulty memory or he is flat-out
lying."
"If I'm right he has a personal agenda to prosecute me under
the color of authority, because he's got the badge and a gun," Hayles
testified.
He has since filed formal complaints against Osborne with the
sheriff's office and the district attorney. He has also complained to
the D.A. that the county's littering ordinance, which references
parts of the state's ordinance, is vague and unconstitutional.