| (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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| | 21.__Operating ATV in prohibited area.__The following | provisions establish areas where the operation of an ATV is | prohibited. |
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| A.__A person may not operate an ATV: |
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| (1)__On a salt marsh, intertidal zone, marine sand | beach, sand dune or any cemetery, burial place or | burying ground; or |
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| (2)__On alpine tundra or on a freshwater marsh or bog, | other than on a trail designated for ATV use by the | Department of Conservation, when the ground is not | frozen and sufficiently covered with snow to prevent | direct damage to the vegetation. |
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| B.__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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| | 22.__Abuse of another person's property.__A person may not | while operating an ATV: |
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| A.__Tear down or destroy a fence or wall on another person's | land; |
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| B.__Leave open a gate or bars on another person's land; or |
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| C.__Trample or destroy crops on another person's land. |
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| A person who violates this subsection commits a Class E crime. |
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