Bill Text: GA SB319 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Parks; use of boats; revise certain provisions
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-07-01 - Effective Date [SB319 Detail]
Download: Georgia-2011-SB319-Comm_Sub.html
Bill Title: State Parks; use of boats; revise certain provisions
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-07-01 - Effective Date [SB319 Detail]
Download: Georgia-2011-SB319-Comm_Sub.html
12 LC
40 0171S
The
House Committee on Game, Fish and Parks offers the following substitute to
SB
319:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 12 of the Official Code of Georgia Annotated, relating to
conservation, so as to revise certain provisions relating to the use of boats in
the waters of state parks, historic areas, and recreational areas; to revise
certain provisions relating to the use of live-aboard boats at marinas or
docking stations; to amend Chapter 1 of Title 52 of the Official Code of Georgia
Annotated, relating to general provisions relative to waters of the state,
ports, and watercraft, so as to revise certain provisions relating to boats
considered public nuisances; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
12 of the Official Code of Georgia Annotated, relating to conservation, is
amended in Code Section 12-3-10, relating to the ordering of persons to leave
parks, historic sites, or recreational areas upon their refusal to observe rules
and to prohibited acts generally, by revising subsections (e), (g), (h), and (i)
as follows:
"(e)
It
With the
exceptions of law enforcement and official use by the department,
it shall be unlawful for any person to
have or use
a privately owned boat on any of the following state park
lakes:
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.
(1)
A. H. Stephens Federal Lake and Lake Liberty; or
(2)
John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall
apply only from May 1 through Labor Day of each
year."
"(g)
It shall be
unlawful for any person to have or use a boat, other than one on official
business, with other than paddles or a portable bow or stern mounted electric
trolling motor on any of 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 or Lake Delano;
(5)
John D. Tanner Lake (the 12 acre lake);
(5.1)
John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall
apply only from the day after Labor Day each year through April 30 of the
following year;
(6)
Sweetwater Creek Lake;
(7)
Hard Labor Creek Lake (the 37 acre lake);
(8)
Fort Mountain Lake;
(9)
Vogel Lake; or
(10)
Unicoi Lake.
Reserved.
(h)
It shall be
unlawful for any person to use a boat, other than one on official business, with
a motor which is neither an electric trolling motor 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 7:00 P.M. 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 7:00 P.M. eastern daylight time, whichever is applicable, and
sunset).
Reserved.
(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
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
for
fisheries management
purposes."
SECTION
2.
Said
title is further amended by revising paragraph (8) of Code Section 12-5-282,
relating to definitions, as follows:
"(8)
'Live-aboard' means a floating vessel or other
water
craft
watercraft
capable of safe, mechanically propelled navigation under average Georgia coastal
wind and current conditions which is
moored to a
dock, tree, or piling or anchored in the estuarine waters of the state and
is utilized as a human or animal abode
and is located
at a marina or a mooring area established by the
department.
Live-aboards
include but are not limited to monohulls, multihulls, houseboats, floating
homes, and other floating structures which are used for human or animal
habitation."
SECTION
3.
Said
title is further amended by revising paragraph (8) of subsection (b) of Code
Section 12-5-288, relating to activities and structures considered to be
contrary to the public interest for purposes of issuing permits allowing
alteration of coastal marshlands, as follows:
"(8)
Occupying a live-aboard for more than
30
90
days during any calendar year; provided, however, that the commissioner may
grant extensions of time beyond
30
90
days to persons making a request in writing stating the reasons for such
extension. Owners of docks where live-aboards are moored as well as owners and
occupants of live-aboards are responsible under this part."
SECTION
4.
Chapter
1 of Title 52 of the Official Code of Georgia Annotated, relating to general
provisions relative to waters of the state, ports, and watercraft, is amended by
revising paragraph (3) of Code Section 52-1-3, relating to definitions relative
to the protection of tidewaters, as follows:
"(3)
'Structure' means any structure located upon any tidewaters of this state,
whether such structure is floating upon such tidewaters and is made fast by the
use of lines, cables, anchors, or pilings, or any combination thereof, or is
built upon pilings embedded in the beds of such tidewaters when such structure
is being or has been used or is capable of being used as a place of habitation,
dwelling, sojournment, or residence for any length of time; is not being used or
is not capable of being used as a means of transportation upon such tidewaters;
and is not owned, occupied, or possessed pursuant to a permit issued by the
commissioner pursuant to Code Section 52-1-10. Such structures may include, but
are not limited to, vessels not being used in navigation; provided, however,
that structures do not include
vessels
which are capable of navigation and are tied up at
marinas
live-aboards,
as defined in Code Section 12-5-282.
Structures shall also not include fishing camps, bait shops, restaurants, or
other commercial establishments permitted under Part 4 of Article 4 of Chapter 5
of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which
do not discharge sewage into the waters of the state and are operated in
conformance with the zoning ordinances, if any, of the municipality or county in
which they are located."
SECTION
5.
Said
chapter is further amended by revising paragraph (4) of Code Section 52-1-32,
relating to definitions relative to right of passage, as follows:
"(4)
'Structure' means any structure located upon any navigable stream or river of
this state, whether such structure is floating upon such navigable stream or
river and is made fast by the use of lines, cables, anchors, or pilings, or any
combination thereof, or is built upon pilings embedded in the beds of such
navigable stream or river when such structure is being, has been, or is capable
of being used as a place of habitation, dwelling, sojournment, or residence for
any length of time; is not being used or is not capable of being used as a means
of transportation upon such navigable stream or river; and is not owned,
occupied, or possessed pursuant to a permit issued by the commissioner pursuant
to Code Section 52-1-39. Such structures may include, but are not limited to,
vessels not being used in navigation; provided, however, that structures do not
include
vessels
which are capable of navigation and are tied up at
marinas
live-aboards,
as defined in Code Section 12-5-282.
Structures shall also not include fishing camps, bait shops, restaurants, or
other commercial establishments permitted under Part 4 of Article 4 of Chapter 5
of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which
do not discharge sewage into the waters of the state and are operated in
conformance with the zoning ordinances, if any, of the municipality or county in
which they are located."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.