§ 71-0703 — Penalties

§ 71-0703. Penalties.\n In order to secure the enforcement of the several sections of article\n9 the following fines and civil penalties are provided:\n 1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this\nsection, any person who violates any provision of article 9 or the\nrules, regulations or orders promulgated pursuant thereto or the terms\nof any permit issued thereunder, or who fails to perform any duty\nimposed by any provision thereof shall be guilty of a violation, and,\nupon conviction, shall be punished by a fine of not more than two\nhundred fifty dollars, or by imprisonment for not more than fifteen\ndays, or by both such fine and imprisonment, and in addition thereto\nshall be liable to a civil penalty of not less than ten nor more than\none hundred dollars.\n 2. The violation of any of the provisions of the following sections\nshall subject the person guilty thereof to the following civil penalties\nin addition to the liability prescribed in subdivision 1 of this\nsection:\n a. Section 9-1113 of this chapter, two dollars per tree;\n b. Subdivision 3 of section 9-1105 of this chapter, twenty-five\ndollars per day;\n c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1\nof section 9-1117 of this chapter, ten dollars per mile per day;\n d. Section 9-1115 of this chapter, ten dollars per mile;\n e. Subdivision 2 of section 9-1117 of this chapter, one hundred\ndollars per each offense; and\n f. Section 9-1119 of this chapter, one hundred dollars per day per\nlocomotive.\n With respect to the penalty for violation of subdivision 4 of section\n9-1105 of this chapter, the owner and every person engaged in such\ncutting shall be liable therefor; however, the liability for penalty\nshall not arise until the expiration of twenty days after service,\npersonally or by mail upon the alleged violator at his last known place\nof residence of a written notice of failure to comply with the\nrequirements of subdivision 4 of section 9-1105 of this chapter.\n 3. Any person who molests, injures, removes, destroys or withholds\nsupplies or other material maintained for forest fire protection\npurposes shall be guilty of a violation and shall be punishable and\nliable to a civil penalty as provided in subdivision 1 of this section.\n 4. Any person who sets fire wilfully in violation of subdivision 1 of\nsection 9-1105 of this chapter shall be guilty of a felony.\n 5. In addition to any prosecution as provided under article one\nhundred fifty-five of the penal law, any person who violates subdivision\n1 of section 9-0303 or section 9-1501 of this chapter except where the\nlawful exercise of an easement or right of way on land not owned by the\nstate is involved shall be guilty of a class A misdemeanor. Upon\nconviction, such person shall be sentenced to a fine and/or imprisonment\nas provided in the penal law.\n 6. (a) In addition to any other penalty provided by law, any person\nwho violates subdivision 1 of section 9-0303 of this chapter shall be\nliable to a civil penalty of two hundred fifty dollars per tree or\ntreble damages, based on the stumpage value of such tree or both. Where\nthe order or decision finds that the defendant established by clear and\nconvincing evidence, that when such defendant committed the violation,\nhe or she had cause to believe that the land was his or her own, or that\nhe or she had an easement or right of way across such land which\npermitted such action, damages shall be awarded on the basis of the\nstumpage value of such tree or trees in the market as if they were\nprivately owned. Notwithstanding the foregoing, this section shall not\nbe construed to authorize the cutting of timber or removal of trees\nwhere such action would otherwise be violative of any provision of the\nstate constitution or law.\n (b) In addition to any other penalty provided by law, a person who\nviolates section 9-1501 of this chapter shall be liable for a civil\npenalty of two hundred fifty dollars per tree or treble damages or both,\nbased on the stumpage value of such tree or trees. Where the order or\ndecision finds that the defendant established by clear and convincing\nevidence, that when such defendant committed the violation, he or she\nhad cause to believe that the land was his or her own or that he or she\nhad an easement or right of way across such land which permitted such\naction, damages shall be awarded on the basis of the stumpage value of\nsuch tree or trees. Notwithstanding the foregoing, this section shall\nnot be construed to authorize the cutting of timber or removal of trees\nwhere such action would otherwise be violative of any provision of the\nstate constitution or law.\n (c) For purposes of this subdivision, "stumpage value" shall mean the\ncurrent fair market value of a tree as it stands prior to the time of\nsale, cutting, or removal. Stumpage value shall be determined by one or\nmore of the following methods: the sale price of the tree in an\narm's-length sale, a review of solicited bids, the stumpage price report\nprepared by the department of environmental conservation, comparison\nwith like sales on trees on state or private lands, or other appropriate\nmeans to assure that a fair market value is established within an\nacceptable range based on the appropriate geographic area.\n 7. In addition to the penalties otherwise provided, any person who\nviolates any of the provisions of subdivision 1 of section 9-0303 or\nsection 9-1501 of this chapter may be ordered by the commissioner or the\ncourt to make reparations for any permanent and substantial damage\ncaused to the land or the improvements thereon as a result of such\nviolation. Such reparations shall be of such kind, nature and extent as\nwill reasonably restore the lands affected by the violation to their\ncondition immediately before the violation and may be made by physical\nrestoration of such lands and/or by the assessment of a monetary payment\nto make such restoration.\n 8. Any person who violates any provision of any proclamation issued by\nthe governor pursuant to the provisions of section 9-1101 of this\nchapter shall be guilty of a violation and shall be punishable and\nliable to a civil penalty as provided in subdivision 1 of this section.\n 9. a. Any person who transports, sells, imports or introduces invasive\nspecies, in violation of the regulations promulgated pursuant to section\n9-1709 of this chapter shall be subject to the following:\n For any first violation in lieu of a penalty there may be issued a\nwritten warning by the department and there may also be issued education\nmaterials at the discretion of the department regarding requirements\nrelated to invasive species. Such person shall, however, for any\nsubsequent violation thereafter be subject to a fine of no less than two\nhundred fifty dollars.\n b. Any nursery grower licensed pursuant to article fourteen of the\nagriculture and markets law, any person who owns or operates a public\nvessel as such term is defined in paragraph (a) of subdivision six of\nsection two of the navigation law, or any person who owns or operates a\ncommercial fishing vessel who transports, sells, imports or introduces\ninvasive species in violation of the regulations promulgated pursuant to\nsection 9-1709 of this chapter, shall be subject to a fine of not less\nthan six hundred dollars upon the first penalty. Upon the second penalty\nsuch person shall be subject to a fine of not less than two thousand\ndollars. Upon a subsequent penalty and after a hearing or opportunity to\nbe heard upon due notice the following penalties may apply: (i) such\nnursery grower may be subject to the revocation procedures of section\none hundred sixty-three-c of the agriculture and markets law (ii) such\nperson's vessel registration may be suspended or (iii) such person's\nfishing permit may be revoked by the department.\n 10. Any person who violates section 9-1710 of this chapter shall be\nguilty of a violation and shall be punishable and liable to a civil\npenalty as provided in subdivision one of this section, provided,\nhowever, that for any first violation in lieu of a penalty there shall\nbe issued a written warning by the department and there shall also be\nissued education materials at the discretion of the department regarding\nrequirements related to invasive species. Such person shall be subject\nto a fine of up to one hundred fifty dollars for a second offense, up to\ntwo hundred fifty dollars for a third offense, and no less than two\nhundred fifty dollars nor more than one thousand dollars for a fourth or\nsubsequent offense.\n