§ 4606. — 4606. (Amended by Stats. 1982, Ch. 517, Sec. 352.)

California § 4606.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 4.: DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS
• Part 2.: PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS
• Ch. 8.: CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973
• Art. 8.: ARTICLE 8. Penalties and Enforcement

Text

If upon a hearing to show cause why a preliminary injunction should not be issued, or upon a hearing of any motion for a preliminary injunction, or if the court should find in any such action that any such defendant is violating, threatens to violate, or has violated, any provision of this chapter or rules and regulations of the board, the court may not only order the discontinuance of any timber operations in which the violation has occurred, is threatening to occur, or is occurring, but may also enjoin any further timber operations by the defendant in this state until the violations complained of have been corrected or until satisfactory provisions have been approved by the court for the violations to be corrected at a specified date. Any defendant in such proceedings may enter into a written agreement with the department assuring that such defendant will resume operations in compliance with the provisions of this chapter or the rules and regulations of the board and correct the violations on such reasonable terms and conditions as the department may require. Upon approval by the court, any temporary restraining order, preliminary injunction, or permanent injunction may include or be amended to include an order that any defendant entering into such an agreement comply with the terms of the agreement as a condition for engaging in any timber operations enjoined by the temporary restraining order, preliminary injunction, or permanent injunction. The court may require a bond payable to the department in such amount as the court deems proper to insure correction of any such violation in accordance with the agreement or any other provisions required by the court. The court may make any other orders reasonable and necessary to carry out the intent of this article.

Legislative History

Amended by Stats. 1982, Ch. 517, Sec. 352.