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

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:

Without operative brakes or without mufflers or other silencing equipment;#

On any private property without the express written permission of the owner of the property or his or her agent; or#

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.#