40-7-4. Operating restrictions; ‘‘perennial stream’’ defined.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1)
Without operative brakes or without mufflers or other silencing equipment;#
(2)
On any private property without the express written permission of the owner of the property or his or her agent; or#
(3)
Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term ‘‘perennial stream’’ means a stream:#
1. (A)
  That under normal circumstances has water flowing year round;#
2. (B)
  That has the channel located below the ground-water table most of the year;#
3. (C)
  For which ground water is the primary source of water; and#
4. (D)
  For which runoff from rainfall is a supplemental source of water flow.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1976, p. 330, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 2010, p. 98, § 1-2/HB 207.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch6-16-(v29)-2018-pdf.pdf, Volume V29, 2018 edition, page 460; merge action: carried; file SHA-256 82c1b132c971.

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