§ 70-4. Operation of off-road vehicles restricted.
(a)
Definitions:
Off-road vehicle: Unless the context otherwise requires, the term "off-road vehicle" as used in this section shall mean any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel-drive or low-pressure-tire vehicles, two-wheel vehicles (including trail bikes and minibikes), amphibious machines, ground effect or air-cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind. The term "off-road vehicle" does not include any motorboats; any military, fire or law enforcement vehicle; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility service and maintenance, for earth moving, construction or mining; and self-propelled lawnmowers, snow blowers, garden or lawn tractors, or golf carts while such vehicles are being used exclusively for their designed purposes.
Private property: Private property shall mean any property owned by any private individual, business or corporation or any private utility corporation.
Public property: Public property shall mean any property owned by the State of Georgia, any political subdivision of the State of Georgia, including, but not limited to Paulding County, and the United States or its political subdivisions or agencies or any public utility company.
(b)
Violations. Pursuant to O.C.G.A. § 40-7-5, any person found to be operating an off-road vehicle as described herein shall be deemed in violation of this section and subject to the penalties stated herein.
(1)
Without operative brakes;
(2)
Without operative mufflers or other silencing equipment;
(3)
In such a manner as to make, continue to make or cause to be made any loud, unnecessary or unusual sound or noise which endangers the comfort, repose, health peace or safety of other citizens and which is audible to a person of normal hearing ability more than 50 feet from the point of origin of such sound or noise;
(4)
On any private property or public property without the owner of the property being present or without the express written permission of the owner of the property, whether the same be a private or public property owner;
(5)
Upon any roadway, street, avenue, highway, public thruway, and/or right-of-way of any street or highway of the State of Georgia or Paulding County, including those rights-of-way regulated by the Georgia Uniform Rules of the Road.
(c)
Penalties and impoundment.
(1)
Penalties: Any violation of the provisions of this section by any person is hereby deemed to be a misdemeanor and shall be subject to the general penalty provisions as established in the Paulding County Code of Ordinance. Each action or activity committed in violation of this section is deemed a separate offense.
(2)
Nuisance: In addition to the above penalty provision, any violation of this section is hereby deemed to be a continuing nuisance, and may be abated by an application for injunction or other proceedings allowed by law in the appropriate court.
(3)
Impoundment: Any off road vehicle found to be operated in violation of the section, may at the discretion of the deputy marshal, deputy sheriff or other duly authorized law enforcement officer, be impounded at the vehicle owner's/operator's expense unless the owner/operator can provide for a method to remove the vehicle from the public or private property location within a reasonable amount of time.
(Res. No. 01-29, § 13-10, 9-11-2001; Res. No. 04-12, § 1, 3-23-2004)
State law reference
Persons operating off-road vehicles on private property, O.C.G.A., § 40-7-4; authority of local governments to adopt rules consistent with state laws regulating off-road vehicles, O.C.G.A. § 40-7-5.