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New Jersey Fish And Game, Wild Birds And Animals Laws Section 23:2A-10. Violations; penalties; enforcement.

Legal Research Home > New Jersey Lawyer > Fish and Game Wild Birds and Animals > New Jersey Fish And Game, Wild Birds And Animals Laws Section 23:2A-10. Violations; penalties; enforcement.

    10.  a.  If any person violates any of the provisions of this act or any rule, regulation or order adopted or issued pursuant to the provisions of this act, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the court may proceed in the action in a summary manner.

    b.     Any person who violates the provisions of this act or any rule, regulation or order adopted or issued pursuant to this act shall be liable to a civil penalty of not less than $250 and not more than $5,000 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested.  Civil penalties recovered for violations hereof shall be remitted as provided in R.S.23:10-19.  The Superior Court and municipal court shall have jurisdiction to enforce "the penalty enforcement law."

    If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.

    c.     The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.

    L.1973,c.309,s.10; amended 1979,c.385,s.1; 1991,c.91,s.278; 1995,c.411.

Last modified: October 21, 2006