08 LC 34
1505
House
Bill 1070
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to special provisions for certain vehicles, so as to provide
rules for operating motor vehicles on the waters of this state; to provide for
legislative findings; to provide for definitions; to provide for exemptions; to
protect public recreational use of the waters of this state; to provide for
related matters; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to special provisions for certain vehicles, is amended by adding a new Part 6 to
read as follows:
"Part
6
40-6-365.
(a)
The General Assembly finds that the protection of public access to the beds,
bottoms, and banks of navigable rivers and navigable streams should not come at
the cost of uncontrolled damage to the beds, bottoms, and banks of navigable
rivers and streams or at the cost of infringing on private property
rights.
(b)
As used in this part, the term:
(1)
'Emergency' means a condition or circumstance in which a person reasonably
believes that an individual has sustained serious bodily injury or is in
imminent danger of serious bodily injury or that property has sustained
significant damage or destruction or is in imminent danger of significant
destruction.
(2)
'Motor vehicle' means any wheeled or tracked vehicle, machine, tractor, trailer,
or semitrailer propelled or drawn by mechanical power and used to transport a
person or thing.
(3)
'Waters,' 'waters of the state,' or 'water area' means any and all rivers,
streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs,
wells, and all other bodies of surface or subsurface water, natural or
artificial, lying within or forming a part of the boundaries of the state which
are not entirely confined and retained completely upon the property of a single
individual, partnership, or corporation. This definition includes coastal
marshlands or marshlands as defined in paragraph (3) of Code Section
12-5-282.
40-6-366.
(a)
Except as provided in subsections (b) and (c) of this Code section, a person
shall not operate a motor vehicle in or on the waters of this state on or after
January 1, 2009.
(b)
Subsection (a) of this Code section shall not apply to:
(1)
A state, county, or municipal road right of way;
(2)
A private road crossing established on or before December 31, 2008;
or
(3)
Operation of a motor vehicle by:
(A)
A federal, state, or local government employee if operation of a motor vehicle
is necessary for conducting official business;
(B)
A person if operation of a motor vehicle is necessary to and is authorized by a
mineral lease;
(C)
A person engaged in agricultural or sylvacultural activities;
(D)
A person in response to an emergency;
(E)
A person if operation of a motor vehicle is necessary for the lawful
construction, operation, or maintenance of equipment, facilities, or structures
used for:
(i)
The production, transportation, transmission, or distribution of electric
power;
(ii)
The provision of telecommunications services or other services delivered through
a cable system;
(iii)
The production of minerals or other mining ores;
(iv)
The production, treatment, or transportation of waste or waste water;
or
(v)
Dredge material disposal placement; or
(F)
An owner of the adjacent uplands on both sides of a water area and the
owner´s agents, employees, representatives, and lessees only for the
purpose of accessing the owner´s property on the opposite side of the water
area when no reasonable alternate access is available.
(c)
A person exempt under subsection (b) of this Code section who operates a motor
vehicle in or on the waters of this state shall do so in a manner that avoids,
to the extent reasonably possible, harming or disturbing vegetation, wildlife,
or wildlife habitat within the water area. A person exempt under subsection (b)
of this Code section who is crossing a water area shall cross by the most direct
feasible route.
40-6-367.
(a)
A prescriptive easement over private property shall not be created by
recreational use of a water area, including by portage over or around barriers,
scouting of obstructions, or crossing of private property to or from a water
area.
(b)
Except as otherwise allowed by law, a person shall not restrict, obstruct,
interfere with, or limit public recreational use of a water area.
(c)
Nothing in this Code section shall limit the right of a person to navigate in,
on, or around a water area nor allow the public the use of private property to
gain access to a water area without permission of the landowner.
40-6-368.
(a)
All law enforcement officers of this state shall enforce the provisions of this
part.
(b)
A person commits a misdemeanor if the person violates any of the provisions of
this part.
(c)
Each violation of the provisions of this part constitutes a separate
offense.
(d)(1)
A first conviction for violating the provisions of this part shall be punishable
by impoundment of the motor vehicle, a $100.00 fine, or both.
(2)
A second conviction for violating the provisions of this part shall be
punishable by impoundment of the motor vehicle, a $500.00 fine, or
both.
(3)
A third conviction for violating the provisions of this part shall be punishable
by confiscation of the motor vehicle, a $1,000.00 fine, or
both."
SECTION
2.
This
Act shall become effective on January 1, 2009.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.