|
government entities in suppressing a fire caused by an | ATV operating without a working spark arrester. |
|
| | 26.__Prohibited equipment.__A person may not operate an ATV | that is equipped with a snorkel kit or other equipment designed | to allow the ATV to be used in deep water except with the | permission of the owner of the land on which the ATV is operated | or as provided in section 13159. |
|
| A.__A person who violates this subsection commits a civil | violation for which a fine of not less than $100 or 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. |
|
| | 27.__Operation of 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 or sand dune or any cemetery, burial place or | burying ground; or |
|
| (2)__When the ground is not frozen and sufficiently | covered with snow to prevent direct damage to the | vegetation: |
|
| (b)__On a freshwater marsh or bog, river, brook, | stream, great pond, nonforested wetland or vernal | pool; or |
|
| (c)__In a source water protection area as defined | in Title 30-A, section 2001, subsection 20-A. |
|
| The provisions of this subparagraph do not apply to a | trail designated for ATV use by the Department of | Conservation.__The provisions of this subparagraph also | do not apply to a person accessing land for maintenance | or inspection purposes with the landowner's permission | or to local, state or federal government personnel in | the performance of official duties, provided there is | no significant ground disturbance or sedimentation of | water bodies. |
|
|