40-6-3
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40-6-3.
(a)
The provisions of this chapter relating to the operation of vehicles refer to
the operation of vehicles upon highways except:
(1)
Where a different place is specifically referred to in a given Code section;
(2)
The provisions of this chapter shall apply to a vehicle operated at shopping
centers or parking lots or similar areas which although privately owned are
customarily used by the public as through streets or connector streets;
(3)
The provisions of this chapter relating to reckless driving, driving in
violation of Code Section 40-6-391, and homicide by vehicle shall apply to
vehicles operated upon highways and elsewhere throughout the state;
(4)
The provisions of Code Sections 40-6-270, 40-6-271, and 40-6-272 shall apply
upon the highways of this state, in all parking areas, and in all areas which
are customarily open to the public and within 200 feet of all such highways,
parking areas, and areas customarily open to the public;
(5)(A)
The provisions of this chapter shall apply to a vehicle operated on any private
property of this state which fronts on coastal marshlands or estuarine area as
defined in Code Section 12-5-282, provided the owner of the private property
files with the local law enforcement agency having primary jurisdiction to
enforce the uniform rules of the road in such area:
(i)
A petition requesting such local law enforcement agency to enforce the uniform
rules of the road on such private property; and
(ii)
Simultaneously files a plat with the petition delineating the location of the
roads, streets, and common areas on such private property.
(B)
The local law enforcement agency having primary jurisdiction to enforce the
uniform rules of the road in such area shall enforce the uniform rules of the
road on said private property at no cost to the owner of the private property or
enter into a contractual agreement with the owner of the private property
whereby the owner of the private property consents to pay part or all of the law
enforcement expenses to such law enforcement agency.
(C)
All persons operating vehicles on said roads, streets, and common areas shall be
subject to all state and local traffic laws and regulations the same as if said
private roads and streets were public roads and streets.
(D)
Any state or local law enforcement agency empowered to enforce the uniform rules
of the road in such area shall have concurrent jurisdiction with the primary
local law enforcement agency to enforce the rules of the road on said private
property.
(E)
At least 30 days´ prior notice shall be given to users of said private
roads, streets, and common areas by publication in the newspapers of general
circulation in the area and by posting signs along the private roads and streets
specifying that state and local law enforcement agencies will be enforcing the
uniform rules of the road on said private roads, streets, and common areas;
and
(6)(A)
Subject to the approval of the governing authority of the county or
municipality, the provisions of this chapter shall apply to a vehicle operated
within a privately owned residential area located within the corporate
boundaries of a municipality or located within the boundaries of a county,
provided the owner of the privately owned residential area files with the
governing authority of such county or municipality:
(i)
A petition signed by 50 percent of the property owners located in said
subdivision requesting the law enforcement agency of the county or municipality
to enforce the uniform rules of the road within such privately owned residential
area; and
(ii)
A plat delineating the location of roads, streets, and common areas within the
privately owned residential area.
(B)
Upon approval by the governing authority of the county or municipality, the law
enforcement agency of such county or municipality shall enforce the uniform
rules of the road within said privately owned residential area.
(C)
All persons operating vehicles on the roads, streets, and common areas of said
privately owned residential property shall be subject to all state and local
traffic laws and regulations the same as if such private roads, streets, and
common areas were public roads and streets.
(D)
At least 30 days´ prior notice shall be given to users of said private
roads, streets, and common areas by publication in a newspaper of general
circulation in the area and by posting signs along the private road, streets,
and common areas specifying that the county law enforcement agency or municipal
law enforcement agency will be enforcing the uniform rules of the roads on said
private roads, streets, and common areas.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, any law
enforcement officer shall be authorized to write an accident report regarding
any motor vehicle accident occurring on private property.