§ 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 hu
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