Section 40-7-4 - Operating restrictions; "perennial stream" definedAny person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1) Without operative brakes or without mufflers or other silencing equipment;(2) On any private property without the express written permission of the owner of the property or his or her agent; or(3) Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term "perennial stream" means a stream: (A) That under normal circumstances has water flowing year round;(B) That has the channel located below the ground-water table most of the year;(C) For which ground water is the primary source of water; and(D) For which runoff from rainfall is a supplemental source of water flow.Amended by 2010 Ga. Laws 365,§ 1-2, eff. 7/1/2010.