2006 New York Code - Fines For Unlawful Cutting Of Trees On Department Property.



 
    §  18-129  Fines for unlawful cutting of trees on department property.
  a.  It shall be unlawful for any individual, firm,  corporation,  agent,
  employee  or  person  under  the  control  of  such  individual, firm or
  corporation to cut, remove  or  in  any  way  destroy  or  cause  to  be
  destroyed, any tree or other form of vegetation on public property under
  the  jurisdiction  of the commissioner without acquiring written consent
  from the commissioner.  The  foregoing  provision  shall  not  apply  to
  department  employees  who  are  engaged  in  the  proper and authorized
  performance of their assigned duties.
    b. Any individual, firm, corporation, agent, employee or person  under
  the  control  of  such  individual,  firm  or  corporation violating the
  provisions of subdivision a of this section concerning a tree  shall  be
  liable to arrest and upon conviction thereof shall be deemed guilty of a
  misdemeanor  and  shall  be  punished by a fine of not more than fifteen
  thousand dollars or by imprisonment of not more than one year or by both
  such fine and imprisonment for each  such  violation.  Such  individual,
  firm,  corporation,  agent, employee or person under the control of such
  individual, firm or corporation shall also be liable for a civil penalty
  of not more than ten thousand dollars for each such violation which  may
  be  recovered  in a proceeding before the environmental control board. A
  proceeding to recover any civil  penalty  authorized  pursuant  to  this
  section  shall  be  commenced  by  the  service of a notice of violation
  returnable to the environmental control board. The environmental control
  board shall have the power to  impose  the  civil  penalties  prescribed
  herein.
    Any individual, firm, corporation, agent, employee or person under the
  control of such individual, firm or corporation violating the provisions
  of subdivision a of this section concerning any other form of vegetation
  shall  be  liable  to arrest and upon conviction thereof shall be deemed
  guilty of a misdemeanor and shall be punished by a fine of not more than
  one thousand dollars or by imprisonment of not more than ninety days  or
  by both such fine and imprisonment for each such violation.
    c.  Any individual, firm, corporation, agent, employee or person under
  the control of such individual, firm or corporation found to  be  guilty
  of  violating the provisions of subdivision a of this section or section
  10-148 of this code by a court  of  competent  jurisdiction  or  by  the
  environmental  control  board  shall be denied the opportunity to obtain
  written consent from the commissioner or from an agency  having  control
  of  public  property to cut, remove or in any way destroy or cause to be
  destroyed, any tree or other form of vegetation on public property under
  the jurisdiction of the commissioner, or such agency, for a  maximum  of
  two  years  from  the  date  of  conviction,  or from the date the civil
  penalty was imposed.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.