49-457.03. Off-road vehicles; pollution advisory days; applicability; penalties

A. In area A, as defined in section 49-541, a person shall not operate an off-highway vehicle, an all-terrain vehicle or an off-road recreational motor vehicle on an unpaved surface that is not a public or private road, street or lawful easement during any high pollution advisory day forecast for particulate matter by the department.

B. This section does not apply to:

1. An event that is intended for off-highway vehicles, all-terrain vehicles or off-road recreational motor vehicles and that is endorsed, authorized, permitted or sponsored by a public agency, that occurs on a designated route or area and that includes dust abatement measures at all staging areas, parking areas and entrances.

2. An event that occurs at a facility for which an admission or user fee is charged and that includes dust abatement measures.

3. A closed course that is maintained with dust abatement measures.

4. An off-highway vehicle, all-terrain vehicle or off-road recreational motor vehicle used in the normal course of business or the normal course of government operations.

5. Golf carts that are used as part of a private or public golf course operation.

C. A person who violates this section is subject to:

1. A warning for the first violation.

2. The imposition of a civil penalty of fifty dollars for the second violation.

3. The imposition of a civil penalty of one hundred dollars for the third violation.

4. The imposition of a civil penalty of two hundred fifty dollars for the fourth or any subsequent violation.

D. For violations of this section, the control officer or other enforcement officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The control officer or other enforcement officer may issue citations to persons in violation of this section.