40-7-1.
This chapter shall be
known and may be cited as the 'Off-Road Vehicle Act of
1975.'
40-7-2.
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The rapid
increase in the use of off-road vehicles and their growing impact upon aspects
of the public interest are matters of concern to the General Assembly and to the
people of this state. Therefore, in order to promote the safe use of off-road
vehicles, to protect the wildlife and natural resources of the state, and to
guarantee the availability of various forms of recreation to all citizens in an
environment of diversity and quality, this chapter is enacted.
40-7-3.
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As used in this
chapter, the term 'off-road vehicle' means 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, amphibious machines,
ground effect or air cushion vehicles, and any other means of transportation
deriving power from any source other than muscle or wind, except that such term
shall exclude any motorboat; 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 services and maintenance,
for earth moving, construction, or mining; and self-propelled lawnmowers,
snowblowers, garden or lawn tractors, or golf carts, while such vehicles are
being used exclusively for their designed purposes.
40-7-4.
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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 agent.
40-7-5.
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(a) Incorporated towns and municipalities and
counties shall have the authority to adopt ordinances consistent with state laws
or regulations to regulate time periods and zones of use for off-road vehicles.
(b) Agencies of state government shall have the
authority to adopt rules and regulations to regulate time periods and zones for
use for off-road vehicles on property under their jurisdiction or management.
40-7-6.
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All peace
officers shall enforce the provisions of this chapter. Any person who violates
any provision of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not to exceed $25.00.