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What is NYC AC § 10-149?

Quick Answer

This section establishes penalties for individuals or entities violating provisions related to trees and vegetation as outlined in section 10-148. Violators may face criminal charges, fines, and civil penalties enforced by the environmental control board. Applies to individuals and corporations responsible for managing vegetation.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 10-149 Violation.

AC § 10-149

a. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of section 10-148 of this code 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 by 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. b. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of section 10-148 of this code 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 section 10-148 of this code or subdivision a of section 18-129 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 of parks and recreation 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 such property for a maximum of two years from the date of conviction, or from the date the civil penalty was imposed.

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