PocketLaw | Georgia Code | Directing Persons to Leave Parks, Historic

Directing Persons to Leave Parks, Historic Sites, or Recreational Areas Upon Their Refusal to Observe Rules and Regulations; Prohibited Acts Generally

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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.
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.
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.
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.
With the exceptions of law enforcement and official use by the department, it shall be unlawful for any person to have or use a boat on the waters of any park, historic site, or recreational area in violation of any prohibition or restriction posted therein by the department. The posting of signs at entrances of a park, historic site, or recreational area designating any prohibitions of, or restrictions on the use of, boats on the waters of that park, historic area, or recreational area shall constitute sufficient notice for the entire park, historic area, or recreational area.
Reserved.
Reserved.
Reserved.
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 or wade fishing between the hours of 7:00 A.M. and 10:00 P.M., unless otherwise prohibited. 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.
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.
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.
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.
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.
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.
1. 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 or her authorized representative.
2. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms other than a handgun, as such term is defined in Code Section 16-11-125.1.
3. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any handgun without a valid weapons carry license issued pursuant to Code Section 16-11-129.
4. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any 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 or her authorized representative.
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.
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.
Any person who violates any of the provisions of this Code section commits the offense of criminal trespass.
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:
  1. That it is issued by authority of the department;
  2. 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;
  3. The offense with which the person being summoned is charged and the date and location of the alleged offense;
  4. The location of the court and the day and hour at which he is summoned to appear;
  5. That failure to so appear is a violation of Georgia laws and subject to prosecution;
  6. The date the summons is served; and
  7. 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.

(Ga. L. 1976, p. 1160, § 2; Ga. L. 1977, p. 1175, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1984, p. 374, §§ 1-3; Ga. L. 1986, p. 437, §§ 1, 2; Ga. L. 1991, p. 1007, § 1; Ga. L. 1992, p. 1547, § 1; Ga. L. 1995, p. 945, § 1; Ga. L. 1996, p. 6, § 12; Ga. L. 1998, p. 253, § 2; Ga. L. 1999, p. 81, § 12; Ga. L. 1999, p. 159, § 1; Ga. L. 2006, p. 96, § 1/HB 1490; Ga. L. 2010, p. 963, § 2-2/SB 308; Ga. L. 2012, p. 1074, § 1/SB 319.)

The 2010 amendment, effective June 4, 2010, designated the existing provisions of subsection (o) as paragraphs (o)(1), (o)(2), and (o)(4); inserted "or her" near the end of paragraphs (o)(1) and (o)(4); in paragraph (o)(2), deleted "also" preceding "be unlawful" near the beginning, and substituted "other than a handgun, as such term is defined in Code Section 16-11-125.1." for a comma; added paragraph (o)(3); and added "It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any" at the beginning of paragraph (o)(4). See the editor's note for applicability.

The 2012 amendment, effective July 1, 2012, rewrote subsection (e); substituted "Reserved" for the former provisions of subsections (g) and (h); and, in subsection (i), in the first sentence, inserted "or wade" near the middle and added ", unless otherwise prohibited" at the end, and deleted "for fisheries management purposes" at the end of the last sentence.

Cross references.

- Game and fish laws, generally, T. 27.

Prohibition against certain acts on public hunting or fishing or game management areas, § 27-1-33.

Operation of watercraft in state generally, T. 52, C. 7.

Editor's notes.

- Ga. L. 1991, p. 1007, § 2, not codified by the General Assembly, provides as follows: "The General Assembly recognizes the imminent need for increased funding of maintenance and rehabilitation programs for the facilities and structures of state parks, historic sites, and recreational areas and natural areas. The General Assembly declares its intent to ensure that if the Board of Natural Resources establishes a parking permit requirement for parking at state parks, historic sites, and recreational areas and natural areas, funding provided by the sale of parking permits by the Department of Natural Resources will be used to implement programs of maintenance and rehabilitation of facilities and structures located in the state parks, historic sites, and recreational areas and natural areas. The General Assembly further declares its intent that such funding may be used to carry out all aspects of the programs of maintenance and rehabilitation including, but not limited to, the employment of personnel and the acquisition of equipment and supplies. No schedule of parking fees shall be effective until adopted under the same procedure as the adoption of rules under the Administrative Procedure Act."

Ga. L. 1992, p. 1547, § 3, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1992, and shall apply to violations of the provisions of Code Section 12-3-10 of the O.C.G.A. which take place on or after July 1, 1992."

Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

Fingerprinting not required.

- Offenses arising from a violation of paragraph (o)(1) of O.C.G.A. § 12-3-10 do not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Boats and Boating, § 7. 79 Am. Jur. 2d, Weapons and Firearms, § 28.

C.J.S.

- 81A C.J.S., States, §§ 251, 262.

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