Title 12, Chapter 3, Section 10
( 12-3-10)
(a) As used in this Code section, the term "park, historic site, or
recreational area" means a park, historic site, or recreational area
which is operated by or for and is under the custody and control of
the department. (b) It shall be unlawful for any person to enter upon any park, historic site, or lands managed by the Department of Natural Resources except when in compliance with all applicable laws and all rules, regulations, and permits adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9. (c) It shall be unlawful for any person, in any manner, to mark on,
deface, injure, displace, dig, excavate, remove, or construct on any
real or personal property on any park, historic site, or
recreational area, except when done with special written permission
granted by the commissioner of natural resources or his authorized
representative. (d) It shall be unlawful for any person to drive a vehicle on any
roads in a park, historic site, or recreational area in excess of 35
miles per hour. It shall also be unlawful for any person to drive a
vehicle in excess of 15 miles per hour within 200 feet of an
intensive-use area in a park, historic site, or recreational area.
As used in this subsection, the term "vehicle" means any wheeled
conveyance for the transportation of persons or materials. As used
in this subsection, the term "intensive-use area" means a picnic
area, a beach or pool area, a check-in station, or a camping or
cabin area. (e) It shall be unlawful for any person to have or use a privately
owned boat on any of the following state park lakes: (1) A. H. Stephens Federal Lake and Lake Liberty; (2) Black Rock Mountain Lake; (3) Vogel-Lake Trahlyta; (4) Franklin D. Roosevelt-Lake Delano; (5) John D. Tanner Lake (the 24 acre lake), provided that this
prohibition shall apply only from May 1 through Labor Day of each
year; (6) Unicoi Lake; and (7) Willaway Inlet of Fort Yargo Lake (25 acres). (f) It shall be unlawful to use a boat, other than one on official
business, with any type of motor on the following state park lakes: (1) Unicoi Lake; (2) Willaway Inlet of Fort Yargo Lake (25 acres); and (3) Fort Mountain Lake. (g) It shall be unlawful for any person to have or use a boat, other
than one on official business, with other than an electric motor on
the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. "Sloppy" Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin; (5) John D. Tanner Lake (the 12 acre lake); (6) Sweetwater Creek Lake; and (7) Hard Labor Creek Lake (the 37 acre lake). (h) It shall be unlawful for any person to use a boat, other than
one on official business, with a motor which is neither electric nor
ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time
or eastern daylight time, whichever is applicable, and 11:00 A.M.
eastern standard time or eastern daylight time, whichever is
applicable, and between 6:00 P.M. eastern standard time or 7:00
P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time
or eastern daylight time, whichever is applicable, and 11:00 A.M.
eastern standard time or eastern daylight time, whichever is
applicable, and between 6:00 P.M. eastern standard time or eastern
daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard
time or eastern daylight time, whichever is applicable, and 11:00
A.M. eastern standard time or eastern daylight time, whichever is
applicable, and between 6:00 P.M. eastern standard time or eastern
daylight time, whichever is applicable, and sunset). (i) It shall be unlawful for any person to fish in waters of any
park, historic site, or recreational area, except for boat fishing
between the hours of 7:00 A.M. and sunset and bank fishing between
the hours of 7:00 A.M. and 10:00 P.M. It shall also be unlawful to
fish in waters of any park, historic site, or recreational area
which have been closed and posted by the department for fisheries
management purposes.
(j) It shall be unlawful to fish commercially or to buy or sell fish
caught in the waters of any park, historic site, or recreational
area. (k) It shall be unlawful to fish with any device other than a pole
and line or rod and reel in the waters of any park, historic site,
or recreational area, except with the written permission of the
commissioner of natural resources or his authorized representative. (l) It shall be unlawful to hunt, trap, or otherwise pursue or catch
any wildlife in any park, historic site, or recreational area,
unless such activity involves the use of bows and arrows, primitive
weapons, rifles, or shotguns and has been approved by prior written
permission of the commissioner of natural resources or the
commissioner's authorized representative. It shall also be unlawful
to shoot into a park, historic site, or recreational area from
beyond the boundaries of such park, historic site, or recreational
area. (m) It shall be unlawful for any intoxicated person to enter or
remain on any park, historic site, or recreational area. It shall
also be unlawful for any person to consume or use alcoholic
beverages or intoxicants in any public use area of a park, historic
site, or recreational area. As used in this subsection, the term
"public use area" shall not include cabins, rooms, trailers, tents,
and conference facilities which facilities are rented for exclusive
use by one individual or group. (n) It shall be unlawful for any person to use in any park, historic
site, or recreational area any electronic device for the detection
of metals, minerals, artifacts, or lost articles or for treasure
hunting. (o) It shall be unlawful for any person to use or possess in any
park, historic site, or recreational area any fireworks, explosives,
or firecrackers, unless stored so as not to be readily accessible or
unless such use has been approved by prior written permission of the
commissioner of natural resources or his authorized representative.
It shall also be unlawful for any person to use or possess in any
park, historic site, or recreational area any firearms, bows and
arrows, spring guns, air rifles, slingshots, or any other device
which discharges projectiles by any means, unless the device is
unloaded and stored so as not to be readily accessible or unless
such use has been approved within restricted areas by prior written
permission of the commissioner of natural resources or his
authorized representative. (p) It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department. (q) It shall be unlawful for any person to park a vehicle at any
place within any park, historic site, or recreational area,
including upon the right of way of any county, state, or federal
highway which traverses the park, historic site, or recreational
area, where signs placed at the direction of the commissioner of
natural resources or his official designee prohibit parking or
condition the privilege of parking upon the purchase and display of
a parking permit. The posting of signs at the entrances of a park,
historic site, or recreational area designating the places for which
a parking permit is required shall constitute sufficient notice for
the entire park, historic site, or recreational area. (r) Any person who violates any of the provisions of this Code
section commits the offense of criminal trespass. (s)(1) The jurisdiction of the probate courts of the several
counties of this state is enlarged and extended so that probate
courts, acting by and through the judge or presiding officer,
shall have the right and power to receive pleas of guilty and
impose sentence upon defendants violating the provisions of this
Code section. (2) When a person is arrested for any violation of the provisions
of this Code section, the arresting officer may, at his
discretion, choose to issue to the offender a summons to appear
before a court of jurisdiction. Every such summons shall show: (A) That it is issued by authority of the department; (B) The name of the person summoned or, if the person to be
summoned refuses to give his name or the officer serving the
summons believes the name given is false or if the officer is
for other cause unable to ascertain the correct name of the
person to be summoned, a fictitious name plainly identified as
such; (C) The offense with which the person being summoned is charged
and the date and location of the alleged offense; (D) The location of the court and the day and hour at which he
is summoned to appear; (E) That failure to so appear is a violation of Georgia laws and
subject to prosecution; (F) The date the summons is served; and (G) The name and official designation of the officer serving it. (3) Personal delivery of the summons to the person charged or, if
the violation is for a vehicle parking violation and the vehicle
illegally parked is unattended, the placement of the summons on
the windshield of the driver's side of the illegally parked
vehicle shall constitute due and proper service of the summons. (4) Every person so summoned shall appear at the place and on the
date ordered except in cases where a bond has been posted in lieu
of the summons or where the court has granted a continuance. (5) The officer serving a summons pursuant to this subsection
shall, on or before the return date of the summons, deliver a copy
thereof to the court before which it is returnable, or to the
clerk of such court, and shall file any information and such
affidavits as may be required with respect to the alleged offense. (6) If the person charged shall fail to appear as specified in the
summons, the judge having jurisdiction of the offense may issue a
warrant ordering the apprehension of the person commanding that he
be brought before the court to answer the charge contained within
the summons and the charge of his failure to appear as required.
The person shall then be allowed to make a reasonable bond to
appear on a given date before the court. |