A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise provided for in this chapter.
(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the time of conviction.
(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6 months, at the expense of the owner, of the OHV at the time of conviction.
(3) In addition to impoundment of an OHV upon conviction, a uniformed police, peace, or environmental protection officer acting in the lawful performance of duty may have an OHV towed and impounded if that law-enforcement officer has probable cause to believe that the OHV was used in violation of this chapter.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 62; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 3.