Ga. Comp. R. & Regs. 391-5-1-.02

Current through Rules and Regulations filed through October 17, 2024

Rule 391-5-1-.02 - Definitions

For the purpose of these rules and regulations, the following definitions shall apply:

(a) "Abandon" means to voluntarily relinquish property with no intent to retain possession.

(b) "Aircraft" means a device that is used or intended to be used for human flight in the air, including powerless flight.

(c) "Associate" means a paid staff employee of the division.

(d) "Authorized representative" means an associate or agent of the division with delegated authority to enforce the provisions of this chapter.

(e) "Department" means the Georgia Department of Natural Resources.

(f) "Designated" means indicated by a sign or delegated authority received in writing.

(g) "Division" means the Parks, Recreation and Historic Sites Division of the department.

(h) "Director" means the director of the division or his designee.

(i) "Historic site" means any real property subject to the jurisdiction and control of the department where a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, possessing historic, cultural, or archaeological value are interpreted and where appropriate recreational activities may be provided.

(j) "Licensed concessionaire" means any person who is licensed by the department to operate a site which sells, rents, leases or provides goods (perishable or non perishable) or services for site visitors.

(k) "Motor vehicle" means any wheeled conveyance for the transportation of persons or materials, which conveyance is powered or drawn by a motor, including but not limited to automobiles, trucks, buses, motorcycles and scooters, and all-terrain vehicles, but excluding motorized wheelchairs.

(l) "Park" means any real property subject to the jurisdiction and control of the department whose primary function is to provide recreation, natural preservation and interpretation. As used herein, "park" shall mean "state park".

(m) "Parking area" means any part of a site designated for parking or stationing vehicles.

(n) "Permit" means a written authorization to engage in uses or activities that are otherwise prohibited, restricted, or regulated.

(o) "Person" means any individual, corporation, firm, partnership, group, society, association, or private or public body.

(p) "Pet" means those taxa of animals which have traditionally lived in a state of dependence on and under the domination and control of humans and have been kept as tame pets, including cats and dogs. The term "pet" does not include animals raised as livestock. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals.

(q) "Possession" means exercising direct physical control or dominion, with or without ownership, over property, or archaeological, historical, or natural resources.

(r) "Public use limit" means the number of persons; number and type of animals; amount, size and type of equipment, vessels, mechanical modes of conveyance, or food/beverage containers allowed to enter, be brought into, remain in, or be used within a designated geographic area or facility; or the length of time a designated geographic area or facility may be occupied.

(s) "Road" means any surfaced area, either paved or unpaved, within a site which is designed for public vehicular traffic, except a through highway.

(t) "Site" means either a park or a historic site.

(u) "Site manager" means an official of the department in charge of a site or an authorized representative of such person.

(v) "Smoking" means the carrying of lighted cigarettes, cigars or pipes, or the intentional and direct inhalation of smoke from these objects.

(w) "Swimming area" means a designated swimming or bathing area, including buildings, structures, apparatuses, and water and land areas in connection with swimming and bathing at a natural pond, lake, stream, or any body of fresh or salt water in, or contiguous to, a site.

(x) "Through highway" means a road maintained and owned by a state, city, county or federal government which road is bounded on both sides by site property for any distance, and which is available for public use at all times.

(y) "Trail" means a pathway (designated by signs or otherwise) across land or water used for recreational activities including hiking, nature walks, backpacking, bicycling, equestrian activities, or water activities.

(z) "Unloaded", as applied to weapons and firearms means that:

1. There is no unexpended shell, cartridge;or projectile in any chamber or cylinder of a firearm or in a clip or magazine inserted in or attached to a firearm;

2. A muzzle-loading weapon does not contain gun powder in the pan, or the percussion cap is not in place; and

3. Bows, crossbows, spear guns or any implement capable of discharging a missile or similar device by means of a loading or discharging mechanism, when that loading or discharging mechanism is not charged or drawn.

(aa) "Vehicle" means any wheeled conveyance (except a baby stroller or wheelchair) for the transportation of persons or materials whether:

(1) powered or drawn by motor as an automobile, truck, motorcycle or scooter;

(2) or animal drawn as a carriage, wagon, or cart;

(3) or any bicycle or tricycle;

(4) or any trailer in tow of any size, kind or description. Recreational or site transportation services specially authorized by the director are excluded from the term "vehicle".

(bb) "Vessel" means any type of watercraft, including but not limited to boats, canoes, inflatable rafts, and floats used or capable of being used, as a means of transportation on water.

(cc) "Water" means any fresh or salt water, including lakes, ponds, pools, rivers and creeks.

(dd) "Weapon" means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, spear gun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles. This definition includes any weapon the possession of which is prohibited or regulated under state law.

Ga. Comp. R. & Regs. R. 391-5-1-.02

O.C.G.A. Sec. 12-3-9.

Original Rule entitled "Definitions" adopted. F. Jun. 30, 1994; eff. July 20, 1994.