Tennessee § 70-9-107 - Penalties — Enforcement.

§ 70-9-107. Penalties — Enforcement.

Except as provided in subsection (d), a violation of any provision of this chapter is a Class B misdemeanor. A parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this chapter commits a Class B misdemeanor. A person who commits a second or subsequent offense commits a Class B misdemeanor with a mandatory fine of two hundred fifty dollars ($250). For any conviction of violation of a provision of this chapter, the court may order restitution for damages caused by the violator, or the court may order the violator to restore the property to a state comparable to its original undamaged state. Any restitution ordered shall be paid to the landowner or to the agency if the land on which the offense occurred was owned, leased, licensed to, or in some manner under agency control. Agency control includes, but is not limited to, control through any type of agreement or understanding with any private or governmental entity permitting land to be used in connection with the OHV program. In connection with an arrest for a violation of this chapter, the OHV may be seized and impounded in compliance with title 40, chapter 33. It is unlawful for any person to ride an off-highway motor vehicle upon the land of another without having first obtained the permission or approval of the owners of the land or of the person or persons in charge of the land who have authority from the owner to give such permission. A violation of this subsection (d) is a Class C misdemeanor, subject to a fine only of fifty dollars ($50.00). Each day's violation of this subsection (d) shall be considered a separate offense; provided, that, in lieu of a fine pursuant to this subsection (d), if land is damaged, a court may order the violator to pay restitution to the landowner or to restore the property to a state comparable to its original undamaged state. This chapter is enforceable and may be prosecuted by all law enforcement officers, including police officers, sheriffs, agency officers, and other peace officers charged with the enforcement of the laws of this state. The primary responsibility for the enforcement and prosecution of this chapter on private lands and on lands under local governmental ownership or control is with local law enforcement officers. The primary responsibility for the enforcement and prosecution of this chapter on public lands not under local governmental ownership or control is with state law enforcement officers, including wildlife resources officers. It is not the legislative intent that the agency enforce trespass laws on private property unless the property is under state control. Acts 2004, ch. 622, § 8; 2005, ch. 175, §§ 1, 2. Compiler's Notes. Acts 2004, ch. 622, § 10 provided that in carrying out the purposes of the act, the wildlife resources commission (now the fish and wildlife commission) shall put first and foremost the welfare of wildlife and their environment and shall not degrade nor permit degradation of the commission’s purpose and mission to protect and preserve the state’s wildlife in accordance with article XI, § 13 of the Constitution of Tennessee. Cross-References. Penalty for Class B misdemeanor, § 40-35-111 .