A. That ATV is equipped with a functioning headlight and taillight; or

B. The ATV:

(1) Is a 2-wheel off-road motorcycle; or

(2) Has an engine size of 90 cubic centimeters or less and has 4 or more wheels.

2. Penalty. A person who violates The following penalties apply to violations of this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

A.__A person who violates this section 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 section 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.

Sec. B-421. 12 MRSA §13201, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

A municipality or political subdivision of the State may not enact any ordinance, law or rule regulating the hunting, trapping or fishing for any species of fish or wildlife; the operation, registration or numbering of all-terrain vehicles, watercraft or snowmobiles or any other subject matter relating to all-terrain vehicles, watercraft or snowmobiles regulated under chapter 935 or 937 or under any other provisions of this Part, except that a municipality may regulate the operation of all-terrain vehicles on municipal property and on rights-of-way and easements held by that municipality. For purposes of this section, except as provided in subsection 3, the regulation of fishing includes the regulation of ice fishing shacks. This section may does not be construed to prohibit:

Sec. B-422. Effective date. This Part takes effect August 31, 2004.

PART C

Sec. C-1. PL 2003, c. 527, §2 is enacted to read: