[§6D-2]  Prohibitions.  (a)  It shall beunlawful for any person to intentionally, knowingly, or recklessly break, breakoff, crack, carve upon, write, burn, or otherwise mark upon, remove, or in anymanner destroy, disturb, deface, mar, or harm the surfaces of any cave, or thecave resources within the cave, whether attached or broken, includingspeleothems, speleogens, and sedimentary deposits, without the owner's writtenpermission being first obtained.

(b)  It shall be unlawful for any person tobreak, force, tamper with, or otherwise disturb a gate to any cave, even thoughentrance thereto may not be gained, without the owner's permission being firstobtained.

(c)  It shall be unlawful for any person toremove, deface, or tamper with a sign stating that a cave is posted or citingprovisions of this chapter.

(d)  It shall be unlawful for any person totake, appropriate, excavate, injure, destroy, or alter any paleontologicaldeposit, which may be found in a cave without the owner's written permission beingfirst obtained.

(e)  This section shall not apply to cavesinadvertently encountered within the normal course of a construction context;provided that any cave protection measures imposed through the environmentalreview process under chapter 343 or any land use permit conditions shall befollowed. [L 2002, c 241, pt of §2]