AL
Alabama Senate Bill SB234

Alabama 2025 Regular Session

Alabama Senate Bill SB234 Compare Versions

Only one version of the bill is available at this time.
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33 SB234
44 EAE62C9-1
55 By Senator Jones (N & P)
66 RFD: Local Legislation
77 First Read: 18-Mar-25
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1212 5 EAE62C9-1 01/28/2025 THR (L)THR 2025-146
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1414 First Read: 18-Mar-25
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 off-road vehicle
2020 parks; and to provide fines for violations.
2121 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2222 Section 1. This act shall apply only 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 a park or proposed park where the park operator intends for
2828 customers to enter or exit the property by automobile,
2929 regardless of whether the point is constructed or natural.
3030 (2) APPROVED ACCESS POINT. Either of the following:
3131 a. A location that has previously been approved,
3232 permitted, or grandfathered through the county's driveway or
3333 access management policy and has been previously used to
3434 access the tract.
3535 b. A location that has previously been used to access
3636 the tract, if the county does not have a driveway or access
3737 management policy.
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6767 management policy.
6868 (3) OFF-ROAD VEHICLE. As defined in Section 32-8-2,
6969 Code of Alabama 1975, including, but not limited to,
7070 all-terrain vehicles, dirt bikes, or off-highway vehicles.
7171 (4) PARK. Any privately-owned location that charges a
7272 fee to operate an off-road vehicle at the location and either
7373 hosts off-road vehicle races or meets two or more of the
7474 following criteria:
7575 a. Consists of more than 100 acres.
7676 b. Has collected over 100 separate fees for the
7777 operation of off-road vehicles in any calendar month.
7878 c. Has collected more than two thousand dollars
7979 ($2,000) in fees for the operation of off-road vehicles in any
8080 calendar month.
8181 Section 3. (a) Commencing October 1, 2025, no person
8282 may operate a park unless the person has a valid permit from
8383 the county commission.
8484 (b) As a condition for the issuance of a park permit,
8585 the county commission may require a permit fee not to exceed
8686 fifty dollars ($50).
8787 (c) The county commission may not issue or renew a park
8888 permit until the person seeking a permit has submitted each of
8989 the following:
9090 (1) A copy of a written contract for emergency services
9191 for the proposed park.
9292 (2) A detailed map of the area which identifies all of
9393 the following:
9494 a. The location of any tract included in the park.
9595 b. Each access point from a public road to each tract.
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125125 b. Each access point from a public road to each tract.
126126 c. The physical boundaries of the park.
127127 d. Each riding trail in the park.
128128 e. Each creek, stream, or other water channel in the
129129 park.
130130 f. Any areas in the park where off-road vehicle
131131 operations are prohibited.
132132 (3) With respect to any access point to the tract,
133133 whether the access point is a new or approved access point,
134134 including details outlining how each access point will be
135135 accomplished while maintaining the normal drainage features on
136136 each public road.
137137 (4) The expected routes upon public roads for travel to
138138 and from the park related to operations of the park.
139139 (5) The estimated acreage of each tract.
140140 (6) The estimated date that access to any public roads
141141 will commence.
142142 (7) The name, address, and daytime telephone number of
143143 the person that operates the park and the contact information
144144 for an individual who shall act as agent for the operator.
145145 (8) The name and address for the liability insurance
146146 carrier of the person that operates the park, if applicable.
147147 (9) Copies of any other certifications or approvals
148148 necessary for the park to operate any other commercial
149149 activity taking place on park property but not related to
150150 off-road vehicles, including, but not limited to,
151151 certifications or approvals from the Department of Public
152152 Health, the Department of Environmental Management, or the
153153 Alabama State Law Enforcement Agency.
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183183 Alabama State Law Enforcement Agency.
184184 (d) The county commission may not consider a park
185185 permit application before the proposed park has been inspected
186186 by the county license inspector or his or her designee.
187187 Following the inspection, the county license inspector or his
188188 or her designee shall certify to the commission whether the
189189 proposed park has satisfied the requirements of this section.
190190 If the proposed park satisfies the requirements, the
191191 commission shall approve the park. If the county license
192192 inspector determines that the proposed park is deficient in
193193 any regard, the inspector shall detail the deficiency to the
194194 commission and recommend that the application be denied. The
195195 inspector shall send a copy of any recommendation or
196196 deficiency report to the applicant.
197197 (e) The county commission may charge a reasonable
198198 inspection fee, payable by the operator of the proposed park.
199199 (f) The county commission may establish reasonable
200200 operating hours for parks.
201201 (g) A permit is not required under this section for a
202202 location using off-road vehicles solely for agricultural
203203 purposes.
204204 (h) A permit issued pursuant to this section does
205205 authorize any off-road vehicle to cross or drive on any public
206206 road.
207207 (i) The county and the county commission shall be
208208 immune from any claims of negligence made by a third party
209209 regarding the operating of any park.
210210 Section 4. (a)(1) The county commission may provide
211211 that a person who operates a park without a valid permit in
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241241 that a person who operates a park without a valid permit in
242242 violation of Section 3(a) is subject to a civil fine of not
243243 more than five thousand dollars ($5,000) and that a person
244244 operating a park outside of the hours established by the
245245 commission pursuant to Section 3(f) is subject to a civil fine
246246 of not more than five hundred dollars ($500).
247247 (2) Any law enforcement officer may issue a citation
248248 alleging a violation of any provision of this act.
249249 (3) A person charged with a violation may pay the civil
250250 fine or request, within 30 days of receipt of the citation, a
251251 due process hearing before the county commission or its
252252 hearing officer on the validity of the citation. An order of
253253 the county commission finding a violation and an assessment of
254254 a civil fine shall be final within 30 days of the finding
255255 unless appealed to the Circuit Court in Cherokee County based
256256 on the administrative record of the hearing.
257257 (4) Any civil fine due and owing shall be considered a
258258 debt owed to the county commission and shall be enforceable by
259259 civil action in the same manner as any other debt. The person
260260 owing the fine shall be liable for all costs, including court
261261 costs and attorney fees, and all other expenses of litigation
262262 if civil action is taken to collect the fine owed. All fines
263263 collected shall be payable to the county and deposited in the
264264 county's road and bridge fund.
265265 (b) The county commission may enjoin a person from
266266 operating a park by a civil action for the injunction brought
267267 in a court of competent jurisdiction in the county.
268268 Section 5. (a) Any person operating a park shall follow
269269 the best management practices established by the Alabama
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299299 the best management practices established by the Alabama
300300 Forestry Commission as they pertain to forested watersheds,
301301 including, but not limited to, the use of creeks, streams, and
302302 water channels, and shall be subject to inspection.
303303 (b) The county commission may contract with the State
304304 Forester to provide inspectors to investigate compliance with
305305 this section.
306306 (c) The county commission may charge a reasonable
307307 inspection fee, payable by the owner of the park.
308308 Section 6. This act shall become effective on June 1,
309309 2025.
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