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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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