SB340 Alabama 2024 Session

Summary

Primary Sponsor

Andrew JonesSenator

Republican

Session

Regular Session 2024

Title

Cherokee County, provides for permitting, inspection, operation, and fines for ATV parks

Summary

Cherokee County would create a permit, inspection, and enforcement system for ATV parks, including fines for violations.

What This Bill Does

Starting October 1, 2024, ATV parks in Cherokee County must have a county-issued permit to operate. To get a permit, operators must submit a detailed application with maps and information about access points, boundaries, trails, waterways, prohibited areas, road routes, acreage, timing for road access, and contact and insurance details, plus an emergency services contract and other certifications; a county inspector will review and must approve the permit. The county may charge a permit fee (up to $50), set operating hours, and impose civil fines for violations (up to $5,000 for operating without a permit and up to $500 for operating outside approved hours), with fines deposited into the county road and bridge fund. The bill also requires operators to follow best management practices for watersheds, allows inspections or contracting with state officials to enforce rules, and provides enforcement tools such as injunctions and civil action.

Who It Affects

• ATV park operators in Cherokee County: must obtain a county permit, provide detailed information, pay any applicable fees, follow operating rules, and may face inspections and civil fines for violations.
• Cherokee County government and its law enforcement/inspectors: responsible for issuing permits, conducting inspections, enforcing rules, collecting fines and fees, and directing funds to the road and bridge fund.

Key Provisions

• Starting October 1, 2024, ATV parks in Cherokee County must have a valid permit from the county commission to operate.
• Permits may require a fee not to exceed $50 and must be issued only after the applicant submits a detailed package including an emergency services contract and a comprehensive map with: tract location, all access points, park boundaries, riding trails, water features, prohibited areas, and other operational details; plus routes on public roads and estimated acreage and timing for road access.
• The applicant must provide operator and agent contact information, liability insurance details if applicable, and copies of other required certifications or approvals.
• Permit applications must be inspected by the county license inspector; if compliant, the permit is approved; if deficient, the inspector provides deficiencies and a recommendation to deny.
• The county may charge an inspection fee and may set reasonable operating hours for ATV parks.
• Agricultural use of ATVs is exempt from needing a permit; the permit does not authorize crossing or driving on county roads.
• The county and its officials are immunized from third-party negligence claims related to ATV park operation.
• Civil fines: up to $5,000 for operating without a permit; up to $500 for operating outside established hours; violations can be cited by law enforcement, with due process hearings available and fines payable to the county road and bridge fund.
• The county may seek injunctive relief to stop park operations through civil action in a court of competent jurisdiction.
• Operators must follow best management practices from the Alabama Forestry Commission for forested watersheds and may be inspected; the county may contract with the State Forester to provide inspectors and may charge inspection fees.
• This act becomes effective June 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Cherokee County