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PARRIS N. GLENDENING, Governor
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Ch. 26
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(5) A LAWN MOWER, SNOWBLOWER, GARDEN OR LAWN TRACTOR, OR
GOLF CART WHILE BEING USED FOR ITS DESIGNED PURPOSE.
(C) PROHIBITED.
EXCEPT AS OTHERWISE ALLOWED BY LAW, A PERSON MAY NOT USE AN
OFF-ROAD VEHICLE ON PROPERTY KNOWN BY THE PERSON TO BE OWNED OR
LEASED BY THE STATE OR A POLITICAL SUBDIVISION.
(D) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A FINE
NOT EXCEEDING $500 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 576(c)(2) and 577(a)(4) and (b).
Subsection (b) of this section is revised as a scope provision excluding the
application of this section from certain on-road and off-road vehicles. This
corrects the usage of the former defined term "off-road vehicle", which
included on-road vehicles, and excluded the on-road and off-road vehicles
listed in this subsection.
In subsection (b)(1) of this section, the reference to a 'Vessel" is substituted
for the former reference to a "boat" for consistency with other revised
articles.
In subsection (b)(3) of this section, the reference to construction equipment
used for "agricultural purposes or earth moving" is substituted for the
former reference to "those purposes" for clarity. Similarly, in subsection
(b)(5) of this section, the reference to a lawn mower, snowblower, garden or
lawn tractor "while being used for its designed purpose" is added for
clarity.
In subsection (c) of this section, the reference to property "known by the
person" to be owned or leased by a public entity is substituted for the
former phrase "with knowledge" to clarify that the person using the vehicle
or off-road vehicle must know that the property is public, in order to be
charged with violating this section. The Criminal Law Article Review
Committee brings this substitution to the attention of the General
Assembly.
Also in subsection (c) of this section, the former reference to "operat[ing]"
an off-road vehicle is deleted as included in the reference to "us[ing]" a
vehicle or off-road vehicle.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (c) of this section, the reference
to an "off-road vehicle" is retained, although the term defined in § 6-401 of
this section does not include the on-road vehicles that were included in the
same term defined in the former law. Context appeared to limit the
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- 517 -
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