§ 62-63. Unlawful use of county road.

(a)

Reserved.

(b)

No person shall park or cause to be parked, on any county road or any property maintained by the county or its political subdivisions, any vehicle overnight or for any other period; provided, however, that disabled vehicles may remain on such property, in an area safely out of the flow of traffic, for a reasonable period not to exceed 24 hours, which time limit may be waived by the office of the county sheriff or marshal, provided further, however, that a vehicle may be parked on such property safely out of the flow of traffic for a reasonable time as is required to first clear a location on the site, and off of the county road, for parking, but in no case shall such vehicle be permitted to remain on such property for a period exceeding eight hours; any such vehicle violating any provision of this subsection may be impounded by the county and/or the marshal may issue a citation to the owner or operator of such vehicle. Neither the county nor any of its political subdivisions or employees or agents shall be responsible for any charges incurred or damages sustained in the towing and storage of such vehicles.

(c)

Pursuant to O.C.G.A. § 32-4-41, the county shall inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the county road system and shall post on each bridge a sign containing a legible notice showing such maximum safe limits, each such sign to comply with regulations of the state department of transportation. The county may request technical assistance from the state department of transportation in carrying out this subsection.

(d)

Pursuant to O.C.G.A. § 32-4-41, it shall be unlawful for any person to haul, drive or bring on any bridge any vehicle, load or weight which in any manner exceeds the maximum limits ascertained and posted on such bridge. Any person hauling, driving, or otherwise bringing on such bridge any such load or weight exceeding the maximum limits so ascertained and posted shall be in violation of this article.

(e)

Pursuant to O.C.G.A. § 32-6-21, no vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create a safety hazard. No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached, or in any manner becoming a hazard to other users of the public road.

(f)

Pursuant to O.C.G.A. § 32-6-20, no vehicle or load shall be operated or moved upon the public roads of the county if a dimension or the weight of such vehicle or load exceeds the limitations specified or indicated in O.C.G.A. § 32-6-20 et seq.

(g)

No person shall operate or cause to be operated any heavily laden motor vehicle along, through, over or across any county road except with a road use permit approved by the county department of transportation.

(h)

No person shall operate a vehicle upon one or more county roads in conjunction with a land disturbance permit for a major or minor temporary work site in such a manner so as to cause damage or unusual wear or tear along a county road as measured by the condition of the road at the time of the application for the road use permit.

(i)

Where vehicles are expected to be operated upon one or more county roads in conjunction with the disturbance of any major or minor temporary work site, such road use permit shall include the following:

(1)

A properly completed application on a form approved by the county department of transportation shall be made, such application indicating at a minimum the following:

a.

The county road sought to be operated upon in connection with such land disturbance;

b.

The dates upon which such operations will be made;

c.

The general use which will be made of the county road for the permitted operation;

(2)

Each application shall include the road use permit application fee as set forth in the schedule of fees and charges on file in the office of the county clerk.

(3)

The application shall be made either in the name of the person seeking to operate the motor vehicle or the landowner on whose land any activity may take place;

(4)

Upon receipt of the permit application, the county department of transportation shall inspect the county road sought to be used and shall issue a written report of the county road specified in the application along with any other section or portion of the county road anticipated to be used by the applicant in its operations, such report specifying the general conditions and any defects which are noted; provided, however, that the county shall not be required to inspect any county road designated by the board of commissioners as a primary access route. At the discretion of the inspecting department, photographs may be attached showing the general condition of the county road sought to be used;

(5)

A copy of the report of the inspecting department shall be delivered immediately via regular mail to the applicant. Unless the applicant objects to the contents of the report, there will be a presumption that the condition of the county road is as set forth on the report by the inspecting department, the same objection to be made within 14 days of the date of the correspondence transmitted to the applicant. If the applicant objects to the contents of the report, the permit will be held in abeyance until such time as an agreement is made between the applicant and the inspecting department as to the description of the condition of the county road. If no such agreement can be reached, the applicant may request a hearing as provided in subsection (i)(9) of this section. Appeals from such hearing shall be as provided by state law.

(6)

Upon issuance of such road use permit, the department of transportation shall cause to be forwarded to the office of the county marshal a notice which shall include the name of the applicant, the section or portion of the county road affected by such permit, and the effective dates of such permit. Such road use permit shall be effective for a period not to exceed 12 months and is subject to inspection by the county department of transportation pursuant to subsection (g) of this section.

(7)

At any time during the pendency of a road use permit, the county may make an inspection of that portion of the county road or roads which have been utilized by the applicant to determine if there has been any damage or unusual or excessive wear or tear on any portion of the county road. Provided however, the county shall not be required to inspect any county road or portion thereof which has been designated as a primary access route by the board of commissioners.

(8)

At any time during the applicant's use of the permitted county road, the county department of transportation may inspect the road for excessive wear or damage. In the event any damage or unusually excessive wear or tear is exhibited along any portion of the permitted county road as determined by the department of transportation, the county may cite the applicant holding the road use permit for the major or minor temporary work site for a violation of this article and the applicant may be punished upon a showing of such violation as provided in this article.

(9)

Pursuant to subsection 62-62(e), any person against whom a stop work order is issued may submit the matter for a hearing to the board of commissioners by notifying the board of commissioners in writing within 14 days from the date of the stop work order, such hearing to be conducted within 14 days from the date the request for hearing is received by the board of commissioners.

(10)

Pursuant to subsection (i)(4) of this section, any person that cannot reach an agreement with the county as to the condition of the county road at the time of application may submit the matter for a hearing by notifying the board of commissioners in writing within 14 days from the date of the applicant's objection to the contents of the report detailing the condition of the road, such hearing to be conducted within 14 days from the date the request for hearing is received by the board of commissioners.

(11)

Nothing contained in this procedure for obtaining a road use permit precludes an applicant from applying for and obtaining a land disturbance permit from the county engineering department if such permit is necessary.

(Res. No. 98-20, Art. IV, 7-28-1998; Res. No. 18-47, § 3, 9-13-2018)