2006 New York Code - Penalties.

 
  § 71-0703. Penalties.
    In  order to secure the enforcement of the several sections of article
  9 the following fines and civil penalties are provided:
    1. Except as otherwise provided in subdivision 4, 5, 6 or  7  of  this
  section,  any  person  who  violates  any  provision of article 9 or the
  rules, regulations or orders promulgated pursuant thereto or  the  terms
  of  any  permit  issued  thereunder,  or  who  fails to perform any duty
  imposed by any provision thereof shall be guilty of  a  violation,  and,
  upon  conviction,  shall  be  punished  by  a  fine of not more than two
  hundred fifty dollars, or by imprisonment  for  not  more  than  fifteen
  days,  or  by  both  such fine and imprisonment, and in addition thereto
  shall be liable to a civil penalty of not less than ten  nor  more  than
  one hundred dollars.
    2.  The  violation  of any of the provisions of the following sections
  shall subject the person guilty thereof to the following civil penalties
  in addition to  the  liability  prescribed  in  subdivision  1  of  this
  section:
    a. Section 9-1113 of this chapter, two dollars per tree;
    b.  Subdivision  3  of  section  9-1105  of  this chapter, twenty-five
  dollars per day;
    c. Subdivision 4 of section 9-1105 of this chapter, and subdivision  1
  of section 9-1117 of this chapter, ten dollars per mile per day;
    d. Section 9-1115 of this chapter, ten dollars per mile;
    e.  Subdivision  2  of  section  9-1117  of  this chapter, one hundred
  dollars per each offense; and
    f. Section 9-1119 of this chapter, one hundred  dollars  per  day  per
  locomotive.
    With  respect to the penalty for violation of subdivision 4 of section
  9-1105 of this chapter, the owner  and  every  person  engaged  in  such
  cutting  shall  be  liable  therefor; however, the liability for penalty
  shall not arise until the  expiration  of  twenty  days  after  service,
  personally  or by mail upon the alleged violator at his last known place
  of residence  of  a  written  notice  of  failure  to  comply  with  the
  requirements of subdivision 4 of section 9-1105 of this chapter.
    3.  Any  person  who  molests, injures, removes, destroys or withholds
  supplies  or  other  material  maintained  for  forest  fire  protection
  purposes  shall  be  guilty  of  a violation and shall be punishable and
  liable to a civil penalty as provided in subdivision 1 of this section.
    4. Any person who sets fire wilfully in violation of subdivision 1  of
  section 9-1105 of this chapter shall be guilty of a felony.
    5.  In  addition  to  any  prosecution  as  provided under article one
  hundred fifty-five of the penal law, any person who violates subdivision
  1 of section 9-0303 or section 9-1501 of this chapter except  where  the
  lawful  exercise of an easement or right of way on land not owned by the
  state is involved shall  be  guilty  of  a  class  A  misdemeanor.  Upon
  conviction, such person shall be sentenced to a fine and/or imprisonment
  as provided in the penal law.
    6.  (a)  In  addition to any other penalty provided by law, any person
  who violates subdivision 1 of section 9-0303 of this  chapter  shall  be
  liable  to  a  civil  penalty  of  two hundred fifty dollars per tree or
  treble damages, based on the stumpage value of such tree or both.  Where
  the  order or decision finds that the defendant established by clear and
  convincing evidence, that when such defendant committed  the  violation,
  he or she had cause to believe that the land was his or her own, or that
  he  or  she  had  an  easement  or  right  of way across such land which
  permitted such action, damages shall be awarded  on  the  basis  of  the
  stumpage  value  of  such  tree  or  trees in the market as if they were
  privately owned. Notwithstanding the foregoing, this section  shall  not
  be  construed  to  authorize  the  cutting of timber or removal of trees
  where such action would otherwise be violative of any provision  of  the
  state constitution or law.
    (b)  In  addition  to  any other penalty provided by law, a person who
  violates section 9-1501 of this chapter shall  be  liable  for  a  civil
  penalty of two hundred fifty dollars per tree or treble damages or both,
  based  on  the  stumpage value of such tree or trees. Where the order or
  decision finds that the defendant established by  clear  and  convincing
  evidence,  that  when  such defendant committed the violation, he or she
  had cause to believe that the land was his or her own or that he or  she
  had  an  easement  or right of way across such land which permitted such
  action, damages shall be awarded on the basis of the stumpage  value  of
  such  tree  or  trees. Notwithstanding the foregoing, this section shall
  not be construed to authorize the cutting of timber or removal of  trees
  where  such  action would otherwise be violative of any provision of the
  state constitution or law.
    (c) For purposes of this subdivision, "stumpage value" shall mean  the
  current  fair  market  value of a tree as it stands prior to the time of
  sale, cutting, or removal. Stumpage value shall be determined by one  or
  more  of  the  following  methods:  the  sale  price  of  the tree in an
  arm's-length sale, a review of solicited bids, the stumpage price report
  prepared by the department  of  environmental  conservation,  comparison
  with like sales on trees on state or private lands, or other appropriate
  means  to  assure  that  a  fair  market  value is established within an
  acceptable range based on the appropriate geographic area.
    7. In addition to the penalties otherwise  provided,  any  person  who
  violates  any  of  the  provisions of subdivision 1 of section 9-0303 or
  section 9-1501 of this chapter may be ordered by the commissioner or the
  court to make reparations  for  any  permanent  and  substantial  damage
  caused  to  the  land  or  the  improvements thereon as a result of such
  violation. Such reparations shall be of such kind, nature and extent  as
  will  reasonably  restore  the  lands affected by the violation to their
  condition immediately before the violation and may be made  by  physical
  restoration of such lands and/or by the assessment of a monetary payment
  to make such restoration.
    8. Any person who violates any provision of any proclamation issued by
  the  governor  pursuant  to  the  provisions  of  section 9-1101 of this
  chapter shall be guilty of a  violation  and  shall  be  punishable  and
  liable to a civil penalty as provided in subdivision 1 of this section.