8. Operating airmobile on railroad tracks. A person may not operate an airmobile along or adjacent and parallel to the tracks of any railroad within the limits of the railroad right-of-way without written permission from the railroad.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

A.__A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

9. Operating airmobile too close to certain buildings. Except as provided in this subsection, a person may not operate an airmobile within 200 feet of a dwelling, hospital, nursing home, convalescent home or church.

This subsection does not apply to a person operating an airmobile:

A. On public ways in accordance with subsections 4, 5, 6 and 7;

B. On the frozen surface of any body of water; and

C. On land that the operator owns or is permitted to use.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

10.__Operating airmobile too close to certain buildings.__ Except as provided in this subsection, a person may not operate an airmobile within 200 feet of a dwelling, hospital, nursing home, convalescent home or church.

A.__This subsection does not apply to a person operating an airmobile:

(1)__On public ways in accordance with subsections 4, 5, 6 and 7;

(2)__On the frozen surface of any body of water; and

(3)__On land that the operator owns or is permitted to use.

B.__The following penalties apply to violations of this subsection.

(1)__A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

(2)__A person who violates this subsection after having be adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 385. 12 MRSA §13071, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 386. 12 MRSA §13071-A is enacted to read:

§13071-A. Operating personal watercraft

1.__Operating personal watercraft while underage.__A person under 16 years of age may not operate a personal watercraft.

A.__A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

2.__Additional safety requirements while operating personal watercraft.__The following provisions apply to operating or being a passenger on a personal watercraft.

A.__A person may not:

(1)__Operate or be a passenger on a personal watercraft unless the person is wearing Coast Guard approved Type I, Type II or Type III personal flotation devices; or

(2)__Operate a personal watercraft during the hours between sunset and sunrise.