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ROBERT L. EHRLICH, JR., Governor Ch. 147
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BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-738.1
Annotated Code of Maryland
(2000 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
8-738.1.
(a) A person may not:
(1) Operate a vessel recklessly, NEGLIGENTLY, or in a manner that may
endanger [another] A PERSON or the property of another on a bay, creek, lake, river,
or stream in the State; or
(2) Come into a wharf or bathing shore recklessly, NEGLIGENTLY, or in a
manner that may endanger a person or property.
[(b) A person who violates this section is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 30 days or a fine of not less than
$25 and not exceeding $200 or both.]
(B) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A
PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION!
(I) FOR A FIRST OFFENSE, IS SUBJECT TO A FINE OF NOT MORE
THAN $1,000 $3,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH;
(II) FOR A SECOND OFFENSE, IS SUBJECT TO A FINE OF NOT MORE
THAN $3,000 $3,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR BOTH; AND
(III) FOR A THIRD OR SUBSEQUENT OFFENSE, IS SUBJECT TO A FINE
OF NOT MORE THAN $3,000 $4,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS
OR BOTH.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A
PERSON WHO VIOLATES SUBSECTION (A)(2) OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION;
(I) FOR A FIRST OFFENSE, IS SUBJECT TO A FINE OF NOT MORE
THAN $500 $1,500 OR IMPRISONMENT FOR NOT MORE THAN 3 MONTHS OR BOTH; AND
(II) FOR A SECOND OR SUBSEQUENT OFFENSE, IS SUBJECT TO A
FINE OF NOT MORE THAN $1,000 $2,000 OR IMPRISONMENT OF NOT MORE THAN 1
YEAR OR BOTH.
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