2010 Tennessee Code
Title 11 - Natural Areas And Recreation
Chapter 1 - Department of Environment and Conservation
11-1-109 - Violation of rules and regulations punishable as misdemeanor.

11-1-109. Violation of rules and regulations punishable as misdemeanor.

(a)  Any violation of rules and regulations for the care and management of such properties as may be made under the authority of § 11-1-108 is a Class C misdemeanor.

(b)  In addition to the criminal penalty in subsection (a), the general assembly finds that it is appropriate that there be civil sanctions as well. Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs:

     (1)  Any damage or vandalism to any state park;

     (2)  The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§ 70-8-304(2) and 70-8-305, and in all rules and regulations promulgated pursuant to those sections; or

     (3)  Any other violation of this part or the rules promulgated under this part.

(c)  The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department. In any such action, the commissioner may also recover, in addition to the civil penalty assessed under subsections (b) and (d), for any damages to the state parks that were the result of the activity.

(d)  In assessing the civil penalty, the court may consider the following factors:

     (1)  Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;

     (2)  Damages to the state park, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;

     (3)  The cause of the violation; and

     (4)  Any economic benefit gained by the violator.

(e)  Any civil penalties paid to the state pursuant to this section shall be deposited in the state park fund created by § 11-3-302.

(f)  No provision of this section shall be construed to restrict the state from recovering civil damages to state property as provided by law.

[Acts 1925, ch. 55, § 5; Shan. Supp., § 3047a5; Code 1932, § 5200; T.C.A. (orig. ed.), § 11-109; Acts 1989, ch. 591, § 113; 2007, ch. 486, § 1.]