| | | (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 | | been adjudicated as having committed 3 or more civil | | violations under this Part within the previous 5-year | | period commits a Class E crime. |
|
| | | 21.__Operating ATV in prohibited area.__The following | | provisions establish areas where the operation of an ATV is | | prohibited. |
|
| | | A.__A person may not operate an ATV: |
|
| | | (1)__On a salt marsh, intertidal zone, marine sand | | beach, sand dune or any cemetery, burial place or | | burying ground; or |
|
| | | (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. |
|
| | | 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 | | been adjudicated as having committed 3 or more civil | | violations under this Part within the previous 5-year | | period commits a Class E crime. |
|
| | | 22.__Abuse of another person's property.__A person may not | | while operating an ATV: |
|
| | | A.__Tear down or destroy a fence or wall on another person's | | land; |
|
| | | B.__Leave open a gate or bars on another person's land; or |
|
| | | C.__Trample or destroy crops on another person's land. |
|
| | | A person who violates this subsection commits a Class E crime. |
|
|