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government entities in suppressing a fire caused by an | | ATV operating without a working spark arrester. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 27.__Operation of ATV in prohibited area.__The following | | provisions establish areas where the operation of an ATV is | | prohibited. |
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| | | A.__A person may not operate an ATV: |
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| | | (1)__On a salt marsh, intertidal zone, marine sand | | beach or sand dune or any cemetery, burial place or | | burying ground; or |
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| | | (2)__When the ground is not frozen and sufficiently | | covered with snow to prevent direct damage to the | | vegetation: |
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| | | (b)__On a freshwater marsh or bog, river, brook, | | stream, great pond, nonforested wetland or vernal | | pool; or |
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| | | (c)__In a source water protection area as defined | | in Title 30-A, section 2001, subsection 20-A. |
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| | | 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. |
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