§ 13.5-1. [Certain uses of rights-of-way prohibited.]

(a)

Intent. The county board of commissioners (hereby referred to as the "board") is charged with the protection and maintenance of county roads and rights-of-way and it expends significant sums of public funds from the taxpayers of the county in an effort to do so. The board does hereby find and declare that the use of said rights-of-way as lanes of travel and/or as recreational areas for motorized vehicles damages, accelerates and exacerbates the erosion of the rights-of-way. Thus the board hereby declares that the welfare of the citizens of the county requires it to protect county roads and rights-of-way from damage as set forth herein.

(b)

Definitions. For the purpose of this section, the following terms, phrases, and words shall have the meaning given herein:

County road means any county owned or maintained highway, road, street, avenue, drive, detour, or other way open to the public and intended or used for the passage of motor vehicles.

County right(s)-of-way means the shoulder, front slope, ditch, drain, back slope, facility or any appurtenance of any county road as defined herein; provided, however, that, for purposes of this section only, "county right(s)-of-way" shall not include the area within twenty (20) feet on either side of the mailbox of any residence or commercial establishment.

Motorized vehicle means any device in, upon, or by which any person or property is or may be transported or drawn on or off-road, and that devices powered from any source other than muscle or wind, excepting devices used exclusively upon stationary rails or tracks.

(c)

Prohibition. It shall be unlawful for any person, through the non-emergency operation and use of a motorized vehicle upon a county right-of-way, or through any other means, to:

(1)

Damage a county right-of-way by rutting, gouging, undercutting, digging up, displacing earth from, excavating, denuding and/or defoliating the right-of-way (with the exception of routine lawn care and mowing by homeowners/landowners and maintenance by public utilities such as mowing and herbicide application).

(2)

Cause dirt, mud or other debris to accumulate upon a county road or county right-of-way to such an extent that it becomes a nuisance or hazard to persons traveling upon said roads or right-of-way, or that it creates an unsightly condition upon the county road or county right-of-way.

(3)

Cause any other type of public nuisance on county roads or county rights-of-way within unincorporated Meriwether County.

(4)

Allow dirt, mud, or other debris resulting from that person's use of the county right-of-way to accumulate in ditches and drainage areas of said right-of-way to such an extent that the usual flow of water or runoff is stopped, disturbed, altered, impeded, changed, or interrupted.

Not withstanding any other provision of this section, it shall not be unlawful for any person to use a county right-of-way in any otherwise lawful manner that does not cause damage to the right-of-way or creates a public nuisance as provided herein.

(d)

Penalty for violation. The minimum punishment for violation of any provision of this section shall be no less than one hundred dollars ($100.00) for the first offense and the maximum punishment for violation of any provision of this section shall not exceed a fine of one thousand dollars ($1,000.00) or imprisonment for sixty (60) days, or both; provided, however, that the trial court may suspend the sentence upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to the county for the cost of repair of the damaged right-of-way, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the expiration of one (1) year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended.

(e)

Limitation. Nothing in this section shall be construed to abridge, limit, or otherwise impair the right of any person, or Meriwether County, Georgia, to damages or other relief on account of injuries to person or property arising out of a violation of this section and to maintain any action or other appropriate proceeding therefore.

(Ord. No. 02-01, §§ I—V, 3-13-02)

Editor's note

Ord. No. 02-01, §§ I—V, adopted March 13, 2002, did not specifically amend the Code, hence; inclusion as § 13.5-1 was at the editor's discretion.