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(2)__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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| | 18.__Unlawfully operating ATV on railroad tracks.__This | subsection governs operation of an ATV on railroad tracks. |
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| (1)__Operate an ATV along or adjacent and parallel to | the tracks of a railroad within the limits of the | railroad right-of-way without written permission from | the railroad owning the right-of-way; or |
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| (2)__Operate an ATV across the tracks of a railroad | after having been forbidden to do so by the railroad | owning the railroad right-of-way or by an agent of that | railroad, either personally or by appropriate notices | posted conspicuously along the railroad right-of-way. |
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| B.__Notwithstanding paragraph A, a person may operate within | the right-of-way of a portion of railroad line that has been | officially abandoned under the authority of the Interstate | Commerce Commission. |
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| C.__The following penalties apply to violations of this | subsection. |
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| (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. |
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| (2)__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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| | 19.__ Operating too close to certain buildings.__A person may | not operate an ATV within 200 feet of a dwelling, hospital, | nursing home, convalescent home or church. |
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| A.__This subsection does not apply when a person is | operating an ATV on: |
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| (1)__Public ways in accordance with subsections 3, 6, | 7, 8 and 9; |
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| (2)__The frozen surface of any body of water; or |
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