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12-3-9. (a) The Board of Natural Resources
is authorized to adopt and promulgate rules and regulations relating to:
(1) The use or occupancy of state parks, historic sites, and recreational areas; and(b) Nothing in this Code section shall be construed to give additional authority to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws of this state. 12-3-10 G *** CODE SECTION *** 12/03/01 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
(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
(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
(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;
(1) Unicoi Lake;
(1) Black Rock Mountain Lake;
(1) Fort Yargo Lake;
(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
(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
(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;
(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
(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.
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The Southeast Federation of Mineralogical Societies, Inc. Send e-mail to: sfms@amfed.org |
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