SB338INTRODUCED
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SB338
MBN811W-1
By Senator Jones (N & P)
RFD: Local Legislation
First Read: 23-Apr-24
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5 MBN811W-1 04/23/2024 THR (L)THR 2024-1292
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First Read: 23-Apr-24
A BILL
TO BE ENTITLED
AN ACT
Relating to Cherokee County; to provide for the
permitting, inspection, and operation of ATV parks; and to
provide fines for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply to Cherokee
County.
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) ACCESS POINT. Any point along the entire perimeter
of an ATV park or proposed ATV park where the ATV park
operator intends for customers to enter or exit the property
by automobile, regardless of whether the point is constructed
or natural.
(2) APPROVED ACCESS POINT. Either of the following:
a. A location that has previously been approved,
permitted, or grandfathered through the county's driveway or
access management policy and has been previously used to
access the tract.
b. A location that has previously been used to access
the tract, if the county does not have a driveway or access
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the tract, if the county does not have a driveway or access
management policy.
(3) ATV. As defined in Section 32-12A-1, Code of
Alabama 1975.
(4) ATV PARK. Any privately-owned location that charges
a fee to operate an ATV at the location and meets two or more
of the following criteria:
a. Consists of over 100 acres.
b. Has collected over 100 ATV operation fees in any
calendar month.
c. Has collected more than two thousand dollars
($2,000) from ATV operation fees in any calendar month.
d. Has hosted an ATV race.
Section 3. (a) Commencing October 1, 2024, no person
may operate an ATV park unless the person has a valid permit
from the county commission.
(b) As a condition for the issuance of an ATV park
permit, the county commission may require a permit fee not to
exceed fifty dollars ($50).
(c) The county commission may not issue or renew an ATV
park permit until the person seeking a permit has submitted
each of the following:
(1) A copy of a written contract for emergency services
for the proposed park.
(2) A detailed map of the area which identifies the
location of any tract included in the park and each access
point to any tract from a public road.
(3) With respect to any access point to the tract,
whether the access point is a new or approved access point,
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whether the access point is a new or approved access point,
including details outlining how this access will be
accomplished while maintaining the normal drainage features on
each public road.
(4) The expected routes upon public roads for travel to
and from the park related to the operations of the park.
(5) The estimated acreage of each tract.
(6) The estimated date that access to the public roads
will commence.
(7) The name, address, and daytime telephone number of
the person that operates the park and the contact information
for an individual who shall act as agent for the operator.
(8) The name and address for the liability insurance
carrier of the person that operates the park, if applicable.
(9) Copies of any other certifications or approvals
necessary for the park to operate any other commercial
activity taking place on park property but not related to ATVs
including, but not limited to, certifications or approvals
from the Department of Public Health, the Department of
Environmental Management, or the Alabama State Law Enforcement
Agency.
(d) No permit application shall be approved or
disapproved by the county commission without the ATV park
first being inspected by the county license inspector or his
or her designee. Following the inspection, the county license
inspector or his or her designee shall certify to the
commission whether the ATV park has satisfied the requirements
of this section. If the ATV park satisfies the requirements,
the application shall be approved by the commission. Should
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the application shall be approved by the commission. Should
the ATV park be determined by the county license inspector to
be deficient in any regard, the county license inspector shall
detail the deficiency to the commission along with a
recommendation that the application be denied. Notice of the
recommendation shall be sent to the applicant.
(e) The county commission may charge a reasonable
inspection fee, payable by the operator of the ATV park.
(f) The county commission may establish reasonable
operating hours for ATV parks.
(g) A permit is not required under this section for a
location using ATVs solely for agricultural purposes.
(h) A permit issued pursuant to this section does not
authorize any ATV to cross or drive on any county road.
(i) The county and the county commission shall be
immune from any claims of negligence made by a third party
regarding the operation of an ATV park.
Section 4. (a)(1) The county commission may provide
that a person who operates an ATV park without a valid permit
in violation of Section 3(a) is subject to a civil fine of not
more than five thousand dollars ($5,000) per day for each day
an ATV park operates without a valid permit and that an ATV
park operator operating outside of the operating hours
established by the county commission pursuant to Section 3(f)
is subject to a civil fine of not more than five hundred
dollars ($500) for each violation.
(2) Any law enforcement officer may issue a citation
alleging a violation of any provision of this act.
(3) A person charged with a violation may pay the civil
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(3) A person charged with a violation may pay the civil
fine or request, within 30 days of receipt of the citation, a
due process hearing before the county commission or its
hearing officer on the validity of the citation. An order of
the county commission finding a violation and an assessment of
a civil fine shall be final within 30 days of the finding
unless appealed to the Circuit Court in Cherokee County based
on the administrative record of the hearing.
(4) Any civil fine due and owing shall be considered a
debt owed to the Cherokee County Commission and shall be
enforceable by civil action in the same manner as any other
debt. The person owing the fine shall be liable for all costs,
including court costs and attorney fees, and all other
expenses of litigation if action is taken to collect the fine
owed. All fines collected shall be payable to the county and
deposited into the county's road and bridge fund.
(b) The county commission may enjoin the ATV park
operator from operating the ATV park by a civil action for the
injunction brought in a court of competent jurisdiction in the
county.
Section 5. (a) Any person operating an ATV park shall
follow the best management practices established by the
Alabama Forestry Commission as they pertain to forested
watersheds and shall be subject to inspection.
(b) The county commission may contract with the State
Forester to provide inspectors to investigate compliance with
this section.
(c) The county commission may charge a reasonable
inspection fee, payable by the owner of the ATV park.
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inspection fee, payable by the owner of the ATV park.
Section 6. This act shall become effective on June 1,
2024.
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