(a) The Arkansas Natural Heritage Commission shall have the authority to promulgate rules and regulations establishing policies governing the use and protection of natural areas.
(b) Any person violating any of the rules and regulations promulgated by the commission governing natural areas shall upon conviction be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each and every offense.
(c) Any law enforcement officer shall have the right to issue citations and to apprehend persons detected violating any rules or regulations promulgated by the commission for use and protection of natural areas and take offenders before any court having jurisdiction in the county where the offense is committed.
(d) The Director of the Arkansas Natural Heritage Commission may apply to the circuit court of any county in which a violation of this subchapter is occurring or in which the director has reasonable cause to believe a violation of this subchapter is about to occur, and that court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating this subchapter without requiring the director to post bond during the pendency of this action.
(e) (1) In addition to criminal penalties set forth in subsection (b) of this section, any person who violates any rules and regulations promulgated by the commission governing natural areas or who causes such a violation by his or her employee or agent shall be liable for a civil penalty of five hundred dollars ($500) or three (3) times the value of the damages caused, whichever is the greater, the penalty to be recovered in an action brought by the Attorney General or the commission's attorney in the proper circuit court.
(2) The penalty shall be used to restore the natural area or to secure the preservation of similar areas.
Section: 15-20-502 15-20-503 NextLast modified: November 15, 2016