84.775 OFF-HIGHWAY VEHICLE CIVIL CITATIONS.
Subdivision 1.
Civil citation; authority to issue. (a) A conservation officer or other licensed
peace officer may issue a civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections
84.773, subdivision 1 or 2, clause (1);
84.777;
84.788 to
84.795; or
84.90;
(2) an off-road vehicle in violation of sections
84.773, subdivision 1 or 2, clause (1);
84.777;
84.798 to
84.804; or
84.90; or
(3) an all-terrain vehicle in violation of sections
84.773, subdivision 1 or 2, clause (1);
84.777;
84.90; or
84.922 to
84.928.
(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:
(1) $100 for the first offense;
(2) $200 for the second offense; and
(3) $500 for third and subsequent offenses.
(c) A conservation officer or other licensed peace officer may issue a civil citation to a person
who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in violation of
section
84.773, subdivision 2, clause (2) or (3). A civil citation under this paragraph shall require
restitution for damage to wetlands and impose a penalty of:
(1) $100 for the first offense;
(2) $500 for the second offense; and
(3) $1,000 for third and subsequent offenses.
(d) If the peace officer determines that there is damage to property requiring restitution, the
commissioner must send a written explanation of the extent of the damage and the cost of the
repair by first class mail to the address provided by the person receiving the citation within
15 days of the date of the citation.
(e) An off-road vehicle or all-terrain vehicle that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in paragraphs
(b) and (c).
Subd. 2.
Appeals. Civil citations issued under subdivision 1 may be appealed according to
section
116.072, if the recipient of the citation requests a hearing by notifying the commissioner
in writing within 30 days after receipt of the citation or, if applicable, within 15 days after
the date of mailing the explanation of restitution. For the purposes of this section, the terms
"commissioner" and "agency" as used in section
116.072 mean the commissioner of natural
resources. If a hearing is not requested within the 30-day period, the citation becomes a final
order not subject to further review.
Subd. 3.
Enforcement. Civil citations issued under subdivision 1 may be enforced under
section
116.072, subdivision 9. Penalty amounts must be remitted within 30 days of issuance
of the citation.
Subd. 4.
Allocation of penalty amounts. Penalty amounts collected from civil citations
issued under this section must be paid to the treasury of the unit of government employing the
officer that issued the civil citation. Penalties retained by the commissioner shall be credited as
follows: to the off-highway motorcycle account under section
84.794 for citations involving
off-highway motorcycles; to the off-road vehicle account under section
84.803 for citations
involving off-road vehicles; or to the all-terrain vehicle account under section
84.927 for citations
involving all-terrain vehicles. Penalty amounts credited under this subdivision are dedicated for
the enforcement of off-highway vehicle laws.
Subd. 5.
Selection of remedy. A peace officer may not seek both civil and misdemeanor
penalties for offenses listed in subdivision 1.
History: 2003 c 128 art 1 s 20; 2004 c 221 s 7; 1Sp2005 c 1 art 2 s 19