O.C.G.A.

O.C.G.A. § 40-7-4 (2019)

Operating restrictions; ‘‘perennial stream’’ defined

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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: (1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his or her agent; or (3) Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term ‘‘perennial stream’’ means a stream: (A) That under normal circumstances has water flowing year round; (B) That has the channel located below the ground-water table most of the year; (C) For which ground water is the primary source of water; and (D) For which runoff from rainfall is a supplemental source of water flow.

History

(Ga. L. 1976, p. 330, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 2010, p. 98, § 1-2/HB 207.)

Annotations

JUDICIAL DECISIONS Cited in Simmons v. State, 281 Ga. App. 252, 635 S.E.2d 849 (2006).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 200, 202.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Simmons v. State, 635 S.E.2d 849 (Ga. Ct. App. 2006).
Simmons v. State, 635 S.E.2d 849 (Ga. Ct. App. 2006). · cites it 2× “9 OCGA § 40-7-4. 10 See Coker, supra at 647-648 (2) (“[s]uch operating standards .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.