§ 34-17-7 — Penalties; Injunctive Relief

(a) Any individual who, without possessing a valid, unrevoked certificate as provided in this chapter, uses the title or term “landscape architect” in any sign, card, listing, advertisement, or in any other manner implies or indicates that he or she is a landscape architect, as defined in this chapter, shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punished as provided by law. All fines collected pursuant to this section shall be remitted by the court or officer collecting them to the State Treasurer and credited to the Landscape Architect’s Fund in the State Treasury.
(b)(1) The board may institute proceedings in a court of law to enjoin any individual or business entity from violating this chapter. The proceedings shall be brought by the board in the circuit court of the city or county in which the alleged violation occurred or in which the defendant resides.
(2) Upon a showing by the board that the individual or business entity has engaged in any activity, conduct, practice, or performance of any work prohibited by this chapter, the court shall grant injunctive relief enjoining the individual or business entity from engaging in the unlawful activity, conduct, practice, or performance of work.
(3) Upon the issuance of a permanent injunction, the court may fine the offending party up to five thousand dollars ($5,000) plus costs, including investigative costs and attorney fees for each offense. A judgment for a civil fine, attorney fees, and costs may be rendered in the same order in which the injunction is made absolute.

Legislative History

(Acts 1971, No. 2396, p. 3819, §11; Act 99-91, p. 107, §3; Act 2022-265, §1.)