Section 18-129. Fines for unlawful cutting of trees on department property  


Latest version.
  • 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.