Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-5 - HISTORIC PRESERVATION › Subject 391-5-1 - STATE PARKS AND HISTORIC SITES SYSTEM › Rule 391-5-1-.02 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
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.