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purposes of this subsection, "open water" means any area of an | | inland water body that is free of ice and snow.__This subsection | | does not apply to private ponds. |
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| | | Notwithstanding Title 17, section 2267-A, subsection 3, the owner | | or operator of a snowmobile that has been submerged or partially | | submerged as a result of a violation of this subsection shall | | remove the snowmobile within 24 hours of its submersion.__The | | owner or operator of a snowmobile submerged or partially | | submerged as a result of a violation of this subsection shall pay | | any damages resulting from the submersion or removal.__If the | | owner or operator of a snowmobile submerged or partially | | submerged as the result of a violation of this subsection fails | | to remove the snowmobile within 24 hours of its submersion, the | | commissioner may remove the snowmobile at the expense of the | | owner or operator or request in writing that the court direct the | | owner or operator to remove the snowmobile immediately. |
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| | | 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. |
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| | | 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. |
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| | | 25.__Headgear required.__This subsection applies to snowmobile | | trails funded by the Snowmobile Trail Fund of the Department of | | Conservation, Bureau of Public Lands. |
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| | | A.__A person operating a snowmobile on a snowmobile trail | | identified by the Department of Conservation, Bureau of | | Parks and Lands as having been funded by the Snowmobile | | Trail Fund pursuant to section 1893, subsection 3: |
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| | | (1)__If the person is under 18 years of age, shall wear | | protective headgear that conforms to the standards | | established under Title 29-A, section 2083, subsection | | 3; and |
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| | | (2)__May not carry a passenger under 18 years of age on | | the snowmobile unless the passenger is wearing | | protective headgear that conforms to the standards | | established under Title 29-A, section 2083, subsection | | 3. |
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| | | B.__The Department of Conservation, Bureau of Parks and Lands | | shall develop an administratively simple means of identifying | | trails that have been funded by the Snowmobile |
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