MARVIN MANDEL, Governor                                 809

EVERY ENGINE OR BOILER, OPERATED IN, THROUGH, OR
NEAR FOREST OR BRUSH WHICH DOES NOT BURN OIL AS FUEL,
SHALL BE PROVIDED WITH ANY APPLIANCE APPROVED BY THE
DEPARTMENT TO PREVENT ESCAPE OF FIRE AND SPARKS. ANY
PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND UPON CONVICTION IN A COURT OF
COMPETENT JURISDICTION IS SUBJECT TO A FINE OF AT
LEAST $10 AND NOT EXCEEDING $100.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 354 of the Code. The
penalty provision of the section is
retained because it differs from that of
section 5-714. Uniform language is added
to conform with other penalty sections.
The only other changes made are in style.

5-712. COMPLIANCE NOT BAR TO RECOVERY OF DAMAGE.

COMPLIANCE WITH THE PROVISIONS OF PART II OF THIS
SUBTITLE IS NOT A BAR TO RECOVERY OF ANY DAMAGE FOR
WHICH ANY COMPLYING PERSON WOULD OR MIGHT OTHERWISE
BE LIABLE.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 383 of the Code. The
word "person" is defined in subtitle 1 to
include firm or corporation. The only
other changes made are in style.

5-713. INCONSISTENT LAWS REPEALED.

ANY ACT OR PART OF AN ACT INCONSISTENT WITH THE
PROVISIONS OF THIS SUBTITLE IS REPEALED TO THE EXTENT
OF THE INCONSISTENCY.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 384 of the Code. The
only changes made are in style.

5-714. PENALTY.

ANY PERSON WHO VIOLATES ANY PROVISION OF §§
5-707, 5-709, OR 5-710 UPON CONVICTION IS SUBJECT TO A
FINE AT THE RATE OF $100 PER MILE, OR ANY FRACTION,
MEASURED ALONG THE TRACKS FOR EACH DAY THE INFLAMMABLE
MATERIAL REMAINS ON THE GROUND.

REVISOR'S NOTE: This section is new language
derived from the penalty provisions of
Article 66C, sections 380, 381, and 382 of