Definitions

As used in this article, the term: (1) ‘‘Cave’’ means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole, and grotto. (2) ‘‘Commercial cave’’ means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry. (3) ‘‘Gate’’ means any structure or device located so as to limit or prohibit access or entry to a cave. (4) ‘‘Owner’’ means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and specifically includes the state and any of its agencies, departments, boards, bureaus, commissions, or authorities, as well as counties, municipalities, and other political subdivisions of the state. (5) ‘‘Sinkhole’’ means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, limesink, or sink. (6) ‘‘Speleothem’’ means a natural mineral formation or deposit occurring in a cave, including, but not restricted to, stalagmites, stalactites, helectites, anthodites, gypsum flowers, gypsum needles, angel’s hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, and flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, and other similar minerals. (7) ‘‘Wildlife’’ means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the Board of Natural Resources and includes, but is not restricted to, quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks, or any part thereof. History. — Ga. L. 1977, p. 833, § 3. 332 12-4-145 12-4-143. Defacing or disturbing natural condition of cave; breaking or tampering with gates, doors, or other device controlling or preventing access to caves; trespass. (a) It shall be unlawful for any person, without the express written permission of the owner, willfully or knowingly to: (1) Break, break off, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural or archeological material therein, including speleothems; (2) Disturb or alter in any manner the natural condition of any cave; (3) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained; or (4) Enter a cave posted against trespassing or a cave with a lock, gate, door, or other obstruction designed to control or prevent access to the cave. (b) Any person who violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor. History. — Ga. L. 1977, p. 833, § 4; Ga. L. 1985, p. 1075, § 1. 12-4-144. Sale or offer to sell speleothems.