5-A.__Unlawful operating ATV on temporarily closed trail.__A person may not operate an ATV on any section of a trail posted with a notice of temporary closure in accordance with this subsection.__The notice must specify the section of trail that is closed and the period of the closure and must be conspicuously posted at each end of the closed section of the trail.

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. B-18. 12 MRSA §13157, sub-§15, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

15.__ATV noise and fire control devices.__The following provisions pertain to ATV muffling and fire control devices and noise level limits.

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.

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