Section 40-7-4. Operating restrictions; "perennial stream" defined

   Any 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.

Ga. L. 1976, p. 330, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 2010, p. 98, § 1-2/HB 207.