AL
Alabama Senate Bill SB340

Alabama 2024 Regular Session

Alabama Senate Bill SB340 Compare Versions

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33 SB340
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4+HSS9663-1
55 By Senator Jones (N & P)
66 RFD: Local Legislation
77 First Read: 25-Apr-24
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12-5 SB340 Engrossed
12+5 HSS9663-1 04/25/2024 THR (L)THR 2024-1292
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1414 First Read: 25-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.
91-(2) A detailed map of the area which identifies all of
92-the following:
93-a. The location of any tract included in the park.
94-b. Each access point from a public road to each tract.
95-c. The physical boundaries of the park.
91+(2) A detailed map of the area which identifies the
92+location of any tract included in the park and each access
93+point to any tract from a public road.
94+(3) With respect to any access point to the tract,
95+whether the access point is a new or approved access point,
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125-c. The physical boundaries of the park.
126-d. Each riding trail in the park.
127-e. Each creek, stream, or other water channel in the
128-park.
129-f. Any areas in the park where ATV riding is
130-prohibited.
131-(3) With respect to any access point to the tract,
132125 whether the access point is a new or approved access point,
133126 including details outlining how this access will be
134127 accomplished while maintaining the normal drainage features on
135128 each public road.
136129 (4) The expected routes upon public roads for travel to
137130 and from the park related to the operations of the park.
138131 (5) The estimated acreage of each tract.
139132 (6) The estimated date that access to the public roads
140133 will commence.
141134 (7) The name, address, and daytime telephone number of
142135 the person that operates the park and the contact information
143136 for an individual who shall act as agent for the operator.
144137 (8) The name and address for the liability insurance
145138 carrier of the person that operates the park, if applicable.
146139 (9) Copies of any other certifications or approvals
147140 necessary for the park to operate any other commercial
148141 activity taking place on park property but not related to ATVs
149142 including, but not limited to, certifications or approvals
150143 from the Department of Public Health, the Department of
151144 Environmental Management, or the Alabama State Law Enforcement
152145 Agency.
153146 (d) No permit application shall be approved or
147+disapproved by the county commission without the ATV park
148+first being inspected by the county license inspector or his
149+or her designee. Following the inspection, the county license
150+inspector or his or her designee shall certify to the
151+commission whether the ATV park has satisfied the requirements
152+of this section. If the ATV park satisfies the requirements,
153+the application shall be approved by the commission. Should
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183-(d) No permit application shall be approved or
184-disapproved by the county commission without the ATV park
185-first being inspected by the county license inspector or his
186-or her designee. Following the inspection, the county license
187-inspector or his or her designee shall certify to the
188-commission whether the ATV park has satisfied the requirements
189-of this section. If the ATV park satisfies the requirements,
190183 the application shall be approved by the commission. Should
191184 the ATV park be determined by the county license inspector to
192185 be deficient in any regard, the county license inspector shall
193186 detail the deficiency to the commission along with a
194187 recommendation that the application be denied. Notice of the
195188 recommendation shall be sent to the applicant.
196189 (e) The county commission may charge a reasonable
197190 inspection fee, payable by the operator of the ATV park.
198191 (f) The county commission may establish reasonable
199192 operating hours for ATV parks.
200193 (g) A permit is not required under this section for a
201194 location using ATVs solely for agricultural purposes.
202195 (h) A permit issued pursuant to this section does not
203196 authorize any ATV to cross or drive on any county road.
204197 (i) The county and the county commission shall be
205198 immune from any claims of negligence made by a third party
206199 regarding the operation of an ATV park.
207200 Section 4. (a)(1) The county commission may provide
208201 that a person who operates an ATV park without a valid permit
209202 in violation of Section 3(a) is subject to a civil fine of not
210-more than five thousand dollars ($5,000) for operating without
211-a valid permit and that a person operating outside of the
203+more than five thousand dollars ($5,000) per day for each day
204+an ATV park operates without a valid permit and that an ATV
205+park operator operating outside of the operating hours
206+established by the county commission pursuant to Section 3(f)
207+is subject to a civil fine of not more than five hundred
208+dollars ($500) for each violation.
209+(2) Any law enforcement officer may issue a citation
210+alleging a violation of any provision of this act.
211+(3) A person charged with a violation may pay the civil
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241-a valid permit and that a person operating outside of the
242-operating hours established by the county commission pursuant
243-to Section 3(f) is subject to a civil fine of not more than
244-five hundred dollars ($500).
245-(2) Any law enforcement officer may issue a citation
246-alleging a violation of any provision of this act.
247241 (3) A person charged with a violation may pay the civil
248242 fine or request, within 30 days of receipt of the citation, a
249243 due process hearing before the county commission or its
250244 hearing officer on the validity of the citation. An order of
251245 the county commission finding a violation and an assessment of
252246 a civil fine shall be final within 30 days of the finding
253247 unless appealed to the Circuit Court in Cherokee County based
254248 on the administrative record of the hearing.
255249 (4) Any civil fine due and owing shall be considered a
256250 debt owed to the Cherokee County Commission and shall be
257251 enforceable by civil action in the same manner as any other
258252 debt. The person owing the fine shall be liable for all costs,
259253 including court costs and attorney fees, and all other
260254 expenses of litigation if action is taken to collect the fine
261255 owed. All fines collected shall be payable to the county and
262256 deposited into the county's road and bridge fund.
263257 (b) The county commission may enjoin the ATV park
264258 operator from operating the ATV park by a civil action for the
265259 injunction brought in a court of competent jurisdiction in the
266260 county.
267261 Section 5. (a) Any person operating an ATV park shall
268262 follow the best management practices established by the
269263 Alabama Forestry Commission as they pertain to forested
264+watersheds and shall be subject to inspection.
265+(b) The county commission may contract with the State
266+Forester to provide inspectors to investigate compliance with
267+this section.
268+(c) The county commission may charge a reasonable
269+inspection fee, payable by the owner of the ATV park.
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299-Alabama Forestry Commission as they pertain to forested
300-watersheds, including, but not limited to, the use of creeks,
301-streams, and water channels, and shall be subject to
302-inspection.
303-(b) The county commission may contract with the State
304-Forester to provide inspectors to investigate compliance with
305-this section.
306-(c) The county commission may charge a reasonable
307299 inspection fee, payable by the owner of the ATV park.
308300 Section 6. This act shall become effective on June 1,
309301 2024.
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323-Senate
324-Read for the first time and referred
325-to the Senate committee on Local
326-Legislation
327-................25-Apr-24
328-Read for the second time and placed
329-on the calendar:
330- 0 amendments
331-................30-Apr-24
332-Read for the third time and passed
333-as amended
334-Yeas 17
335-Nays 3
336-Abstains 3
337-................07-May-24
338-Patrick Harris,
339-Secretary.
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