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:

(a)__On alpine tundra;

(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.

B.__The following penalties apply to violations of this subsection.