Tampering with department dam

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§12755. Tampering with department dam

1.  Prohibition.  A person without authority from the commissioner may not:  

A. Tamper with a department dam;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

B. Open or close gates or sluiceways of a department dam;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

C. Add or remove flashboards of a department dam; or   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

D. Otherwise damage or destroy a department dam.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

For purposes of this subsection, "department dam" means a dam owned or operated by the department, including dams in a fish hatchery or rearing station.  

[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2.  Penalty.  The following penalties apply to violations of this section.  

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.   [PL 2003, c. 655, Pt. B, §299 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

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.   [PL 2003, c. 655, Pt. B, §299 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

[PL 2003, c. 655, Pt. B, §299 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

SECTION HISTORY

PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B299 (AMD). PL 2003, c. 655, §B422 (AFF).


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