1.__Permission required.__A person may not operate an ATV on the land of another without the permission of the landowner or lessee.__Permission is presumed on ATV trails that are conspicuously posted or in areas open to ATVs by landowner policy.__Written permission of the landowner or lessee is required on cropland or pastureland or in an orchard.__As used in this subsection, "cropland" means acreage in tillage rotation, land being cropped and land in bush fruits, and "pastureland" means acreage devoted to the production of forage plants used for animal production.

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.

B.__A person who violates this subsection after having been adjudicated of having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 26. 12 MRSA §13157-A, sub-§15, ķA, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed and the following enacted in its place:

A. Except as provided in section 13159, a person may not:

(1)__Operate an ATV that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust;

(2)__Modify the exhaust system of an ATV in any manner that will increase the noise emitted above the following emission standard:

(a)__Each ATV must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 96 decibels of sound pressure when measured from a distance of 20 inches using test procedures established by the commissioner; or

(3) Operate an ATV without a working spark arrester.