AL
Alabama Senate Bill SB338

Alabama 2024 Regular Session

Alabama Senate Bill SB338 Compare Versions

Only one version of the bill is available at this time.
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11 SB338INTRODUCED
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33 SB338
44 MBN811W-1
55 By Senator Jones (N & P)
66 RFD: Local Legislation
77 First Read: 23-Apr-24
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1212 5 MBN811W-1 04/23/2024 THR (L)THR 2024-1292
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1414 First Read: 23-Apr-24
1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to Cherokee County; to provide for the
1919 permitting, inspection, and operation of ATV parks; and to
2020 provide fines for violations.
2121 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2222 Section 1. This act shall only apply to Cherokee
2323 County.
2424 Section 2. For the purposes of this act, the following
2525 terms have the following meanings:
2626 (1) ACCESS POINT. Any point along the entire perimeter
2727 of an ATV park or proposed ATV park where the ATV park
2828 operator intends for customers to enter or exit the property
2929 by automobile, regardless of whether the point is constructed
3030 or natural.
3131 (2) APPROVED ACCESS POINT. Either of the following:
3232 a. A location that has previously been approved,
3333 permitted, or grandfathered through the county's driveway or
3434 access management policy and has been previously used to
3535 access the tract.
3636 b. A location that has previously been used to access
3737 the tract, if the county does not have a driveway or access
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6767 the tract, if the county does not have a driveway or access
6868 management policy.
6969 (3) ATV. As defined in Section 32-12A-1, Code of
7070 Alabama 1975.
7171 (4) ATV PARK. Any privately-owned location that charges
7272 a fee to operate an ATV at the location and meets two or more
7373 of the following criteria:
7474 a. Consists of over 100 acres.
7575 b. Has collected over 100 ATV operation fees in any
7676 calendar month.
7777 c. Has collected more than two thousand dollars
7878 ($2,000) from ATV operation fees in any calendar month.
7979 d. Has hosted an ATV race.
8080 Section 3. (a) Commencing October 1, 2024, no person
8181 may operate an ATV park unless the person has a valid permit
8282 from the county commission.
8383 (b) As a condition for the issuance of an ATV park
8484 permit, the county commission may require a permit fee not to
8585 exceed fifty dollars ($50).
8686 (c) The county commission may not issue or renew an ATV
8787 park permit until the person seeking a permit has submitted
8888 each of the following:
8989 (1) A copy of a written contract for emergency services
9090 for the proposed park.
9191 (2) A detailed map of the area which identifies the
9292 location of any tract included in the park and each access
9393 point to any tract from a public road.
9494 (3) With respect to any access point to the tract,
9595 whether the access point is a new or approved access point,
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125125 whether the access point is a new or approved access point,
126126 including details outlining how this access will be
127127 accomplished while maintaining the normal drainage features on
128128 each public road.
129129 (4) The expected routes upon public roads for travel to
130130 and from the park related to the operations of the park.
131131 (5) The estimated acreage of each tract.
132132 (6) The estimated date that access to the public roads
133133 will commence.
134134 (7) The name, address, and daytime telephone number of
135135 the person that operates the park and the contact information
136136 for an individual who shall act as agent for the operator.
137137 (8) The name and address for the liability insurance
138138 carrier of the person that operates the park, if applicable.
139139 (9) Copies of any other certifications or approvals
140140 necessary for the park to operate any other commercial
141141 activity taking place on park property but not related to ATVs
142142 including, but not limited to, certifications or approvals
143143 from the Department of Public Health, the Department of
144144 Environmental Management, or the Alabama State Law Enforcement
145145 Agency.
146146 (d) No permit application shall be approved or
147147 disapproved by the county commission without the ATV park
148148 first being inspected by the county license inspector or his
149149 or her designee. Following the inspection, the county license
150150 inspector or his or her designee shall certify to the
151151 commission whether the ATV park has satisfied the requirements
152152 of this section. If the ATV park satisfies the requirements,
153153 the application shall be approved by the commission. Should
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183183 the application shall be approved by the commission. Should
184184 the ATV park be determined by the county license inspector to
185185 be deficient in any regard, the county license inspector shall
186186 detail the deficiency to the commission along with a
187187 recommendation that the application be denied. Notice of the
188188 recommendation shall be sent to the applicant.
189189 (e) The county commission may charge a reasonable
190190 inspection fee, payable by the operator of the ATV park.
191191 (f) The county commission may establish reasonable
192192 operating hours for ATV parks.
193193 (g) A permit is not required under this section for a
194194 location using ATVs solely for agricultural purposes.
195195 (h) A permit issued pursuant to this section does not
196196 authorize any ATV to cross or drive on any county road.
197197 (i) The county and the county commission shall be
198198 immune from any claims of negligence made by a third party
199199 regarding the operation of an ATV park.
200200 Section 4. (a)(1) The county commission may provide
201201 that a person who operates an ATV park without a valid permit
202202 in violation of Section 3(a) is subject to a civil fine of not
203203 more than five thousand dollars ($5,000) per day for each day
204204 an ATV park operates without a valid permit and that an ATV
205205 park operator operating outside of the operating hours
206206 established by the county commission pursuant to Section 3(f)
207207 is subject to a civil fine of not more than five hundred
208208 dollars ($500) for each violation.
209209 (2) Any law enforcement officer may issue a citation
210210 alleging a violation of any provision of this act.
211211 (3) A person charged with a violation may pay the civil
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241241 (3) A person charged with a violation may pay the civil
242242 fine or request, within 30 days of receipt of the citation, a
243243 due process hearing before the county commission or its
244244 hearing officer on the validity of the citation. An order of
245245 the county commission finding a violation and an assessment of
246246 a civil fine shall be final within 30 days of the finding
247247 unless appealed to the Circuit Court in Cherokee County based
248248 on the administrative record of the hearing.
249249 (4) Any civil fine due and owing shall be considered a
250250 debt owed to the Cherokee County Commission and shall be
251251 enforceable by civil action in the same manner as any other
252252 debt. The person owing the fine shall be liable for all costs,
253253 including court costs and attorney fees, and all other
254254 expenses of litigation if action is taken to collect the fine
255255 owed. All fines collected shall be payable to the county and
256256 deposited into the county's road and bridge fund.
257257 (b) The county commission may enjoin the ATV park
258258 operator from operating the ATV park by a civil action for the
259259 injunction brought in a court of competent jurisdiction in the
260260 county.
261261 Section 5. (a) Any person operating an ATV park shall
262262 follow the best management practices established by the
263263 Alabama Forestry Commission as they pertain to forested
264264 watersheds and shall be subject to inspection.
265265 (b) The county commission may contract with the State
266266 Forester to provide inspectors to investigate compliance with
267267 this section.
268268 (c) The county commission may charge a reasonable
269269 inspection fee, payable by the owner of the ATV park.
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299299 inspection fee, payable by the owner of the ATV park.
300300 Section 6. This act shall become effective on June 1,
301301 2024.
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