§ 15-20-502 — Rules - Enforcement - Penalties

(a) The Arkansas Natural Heritage Commission may promulgate rules establishing policies governing the use and protection of a natural area. (b) A person violating a rule promulgated by the commission governing a natural area upon conviction is guilty of an unclassified misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each violation. (c) A law enforcement officer may issue a citation to and apprehend a person violating a rule promulgated by the commission for use and protection of a natural area and take the person before a court having jurisdiction in the county where the violation was committed. (d) The Director of the Arkansas Natural Heritage Commission may apply to the circuit court of any county in which a violation of this subchapter is occurring or in which the director has reasonable cause to believe a violation of this subchapter is about to occur, and the circuit court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating this subchapter without requiring the director to post bond during the pendency of the action described in this subsection. (e) (1) In addition to criminal penalties under subsection (b) of this section, a person who violates a rule promulgated by the commission governing a natural area or who causes a violation by his or her employee or agent is liable for a civil penalty of five hundred dollars ($500) or three (3) times the value of the damages caused, whichever is the greater, and the civil penalty shall be recovered in an action brought by the Attorney General or the commission's attorney in the proper circuit court. (2) The civil penalty described in subdivision (e)(1) of this section shall be used to restore the natural area or to secure the preservation of similar areas.

Legislative History

Amended by Act 2017, No. 634,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 374,§ 28, eff. 8/1/2017. Acts 1989, No. 381, § 2.