New Jersey § 13:1l-23

§ 13:1l-23.

a. If a person violates any provision of P.L.1983, c. 324 ( C.13:1L-1 et seq. ), or any rule, regulation, or order adopted or issued pursuant thereto, the department

may institute a civil action in a court of competent jurisdiction for injunctive relief

to prohibit and prevent the violation and the court may proceed in a summary manner. b. A person who knowingly violates, or who solicits or employs any other person to

violate, the provisions of subsection a. of section 10 of P.L.1983, c. 324 ( C.13:1L-10 ) shall be subject to the following penalties: a fine of not less than $750 nor more

than $1,500 for the first offense; a fine of not less than $1,500 nor more than $3,000

for the second offense; and a fine of not less than $3,000 nor more than $5,000 for

any subsequent offense. Penalties assessed pursuant to this subsection shall be collected in a civil action

by a summary proceeding. Any vessel, vehicle or equipment used in the commission of the violation shall be

subject to confiscation and forfeiture to the State, if warranted, as determined by

the courts. Further, in addition to any penalty provided pursuant to subsection a. of this section,

restitution and damages may be ordered to compensate the State for the cost of remediating

any violation of this section and for the value of any lost, damaged, or destroyed

archaeological findings. All fines, restitution payments, and damages collected shall be remitted to the

department to be used for the preservation, remediation or protection of State archaeological

sites. Any archaeological findings obtained as a result of a violation of this section

shall be subject to confiscation, forfeiture, and return to the State and, upon recovery,

shall be deposited with the New Jersey State Museum. c. Notwithstanding any provision of this section to the contrary, examination or retrieval

of artifacts, or scientific research, conducted by a State department, agency, commission,

authority or corporation otherwise required or permitted by federal or State law are

exempt from the provisions of this section. d. A person who violates any provision of P.L.1983, c. 324 ( C.13:1L-1 et seq. ), or any rule, regulation, or order adopted or issued pursuant thereto, shall be

liable to a civil penalty of not less than $50 nor more than $1,500, plus restitution

if applicable, for each offense, except as otherwise provided under subsection b.

of this section, to be collected in a civil action by a summary proceeding under the

“Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ) or in any case before a court of competent jurisdiction wherein injunctive relief

has been requested , except that any violation involving any vehicle or off-road vehicle shall be subject

to the provisions of sections 33 and 34 of P.L.2009, c. 275 ( C.39:3C-33 and C.39:3C-34 ) . The Superior Court and municipal courts shall have jurisdiction to hear and determine

violations of P.L.1983, c. 324 ( C.13:1L-1 et seq. ). If the violation is of a continuing nature, each day during which it continues shall

constitute an additional, separate, and distinct offense. If the violation results in pecuniary gain to the violator, or the violator willfully

or wantonly causes injury or damage to property, including but not limited to natural

resources, the violator shall be liable to an additional civil penalty equal to three

times the value of the pecuniary gain or injury or damage to property. e. Penalties assessed pursuant to this section shall be in addition to any other civil

or criminal penalties that may be applicable pursuant to law. As used in subsection d., “vehicle” and “off-road vehicle” have the meanings prescribed

for those respective terms in section 32 of P.L.2009, c. 275 ( C.39:3C-32 ).