§ 3-13-4. Parks—Prohibited acts.

(a)

As used in this section, the term "park" or "recreational area" means a park or recreational area which is under the custody or control of Henry County, Georgia, whether owned or leased by Henry County, and which is used for recreation by the general public.

(1)

It shall be unlawful for any person, in any manner, to mark on, deface, injure, displace, dig, excavate, remove, or construct on any real or personal property in any park or recreational area, except when done with special written permission granted by the board of commissioners of Henry County.

(2)

It shall be unlawful for any person to drive a vehicle on any roads in a park or recreational area in excess of twenty-five (25) miles per hour. It shall also be unlawful for any person to drive a vehicle in excess of fifteen (15) miles per hour within two hundred (200) feet of an intensive-use area in a park or recreational area. As used in this subsection, the term "vehicle" means any wheeled conveyance for the transportation of persons or materials. As used in this subsection, the term "intensive-use area" means a picnic area, a beach or pool area, a check-in station, a ball or sporting event field, or a camping or cabin area.

(3)

It shall be unlawful to fish commercially or to buy or sell fish caught in the waters of any park or recreational area.

(4)

It shall be unlawful to fish with any device other than a pole and line or rod and reel in the waters of any park or recreational area.

(5)

It shall be unlawful to hunt, trap, or otherwise pursue or catch any wildlife in any park or recreational area. It shall also be unlawful to shoot into a park or recreational area from beyond the boundaries of such park or recreational area.

(6)

It shall be unlawful for any intoxicated person to enter or remain in any park or recreational area. It shall also be unlawful for any person to consume or use alcoholic beverages or intoxicants in any park or recreational area.

a.

The sale and consumption of alcoholic beverages (beer and wine only) shall be permissible at the following county-owned locations only: Nash Farm Park, Heritage Park Arena and Building area only, Locust Grove Event Center, and shall meet the following conditions:

i.

Written approval from the Henry County Recreation Commission (aka, recreation board) for each proposed event.

ii.

Meet all applicable local jurisdictional requirements (Locust Grove, McDonough).

iii.

Meet requirements of Henry County Code section 3-14-22.

iv.

The individual or company responsible for the sale dispensing of the beer and wine must possess a valid alcohol license, issued through the Georgia Department of Revenue, as well as a valid alcohol license from a Georgia municipality (city or county), which allows them to sell and/or dispense alcoholic beverages by the drink, off licensed premises.

v.

A police officer must be present for duration of event, at the applicant's expense.

vi.

Any other stipulations imposed by the recreation commission (aka, recreation board).

b.

Notwithstanding anything to the contrary in this section 3-13-4, the sale and consumption of beer and wine shall be permitted at the Cotton Fields Golf Course, subject to such rules and regulations as are, from time to time, adopted by the Henry County Board of Commissioners and/or the Henry County Recreation Commission (a.k.a. the Henry County Recreation Board).

(7)

It shall be unlawful for any person to use in any park or recreational area any electronic device for the detection of metals, minerals, artifacts, lost articles, or for treasure hunting.

(8)

It shall be unlawful for any person:

a.

To use or possess in any park or recreational area any fireworks, explosives, or firecrackers unless such use has been approved with special written permission granted by the board of commissioners of Henry County.

b.

To use or possess in any park or recreational area any bows and arrows, slingshots, or any other similar device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible.

c.

To use or discharge any firearm, air rifle or spring gun or destructive device in any park or recreational area.

d.

For purposes of subsection c., "firearm" shall mean any weapon that is designed to or may readily be converted to expel a projectile by the action of an explosive or other frame or receiver of any such weapon, any firearm muffler or firearm silencer. "Destructive device" shall mean any explosive, incendiary, or poison gas: (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four (4) ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and any combination of parts either designed or intended for use in converting any device into any destructive device described herein from which a destructive device may be readily assembled.

(9)

It shall be unlawful for any person or organization to lock or otherwise secure any walk-in gates to any ball field or athletic field in any park or recreational area to prohibit public entry except for security during non-operational hours.

(10)

It shall be unlawful to refuse to leave a park or recreational area after violating any of the laws or regulations established by this article after being directed to leave by any law enforcement officer or any authorized representative of Henry County.

(11)

It shall be unlawful for any person to park any vehicles overnight in any park or recreational area without the prior written approval of the board of commissioners of Henry County.

(12)

It shall be unlawful for any person to park a vehicle at any place within any park or recreational area where signs placed by Henry County or its official designee prohibit parking or condition the privilege of parking upon the purchase and display of a parking permit.

(13)

a.

It shall be unlawful for any person to inhale, exhale, burn or carry any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form on any public park owned or operated by Henry County.

b.

Notwithstanding anything to the contrary in this section 3-13-4, the sale and use of tobacco products, including cigars, cigarettes and pipes shall be permitted at the Cotton Fields Golf Course, subject to such rules and regulations as are, from time to time, adopted by the Henry County Board of Commissioners and/or the Henry County Recreation Commission (a.k.a. Henry County Recreation Board).

(14)

It shall be unlawful for any person to collect, retrieve, remove, excavate or disturb any historical artifact or relic on any property owned by the county without the prior written consent of the board of commissioners of Henry County, Georgia.

(15)

It shall be unlawful for anyone age eighteen (18) and older to participate in any recreational activity in any public park, and any specific areas (fields, etc.), where such has been designated for youth recreational activities only; other than those engaged in coaching youth.

(b)

The penalty(ies) for the violation of any of the above-referenced Code provisions shall be as set forth in section 3-13-5 of this article.

(Ord. No. 00-01, § 2, 1-18-00; Ord. No. 06-14, § I, 12-18-06; Ord. No. 07-01, § I, 1-25-07; Ord. No. 10-02, § 1, 1-5-10; Ord. No. 12-22, 12-17-12; Ord. No. 16-02, 7-19-16 ; Ord. No. 16-03, 7-19-16 )

State law reference

Similar provision, O.C.G.A. § 16-11-171.)