3.10.90 Monetary Penalties, Restitution.
(a) A person found to have committed a civil infraction shall be assessed a monetary penalty which shall reflect the cost of enforcement, disposition, and adjudication. The monetary penalty may be paid directly to the Court. Unless otherwise specifically stated within a given civil offense ordinance, the monetary penalties for civil infractions are as follows:
(1) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars ($250.00);
(2) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars ($125.00);
(3) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars ($50.00); and
(4) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars ($25.00).
(b) For violations of any civil ordinance governing fur seals under ATC Title 7, the monetary penalties are as follows:
(1) Fur seal rookery trespass shall be fifty dollars ($50.00).
(2) Feeding a fur seal shall be $1,000.
(3) Harassment shall be as follows:
(i) Level 1 Harassment on a Haulout
First Time Offense = seven hundred fifty dollars ($750.00); Second Offense = $1,500
(ii) Level 1 Harassment on a Rookery
First Time Offense = $1,500; Second Offense = $3,000
(iii) Level 2 Harassment on a Haulout
First Time Offense = five hundred dollars ($500.00); Second Offense = $1,000
(iv) Level 2 Harassment on a Rookery
First Time Offense = $1,000; Second Offense = $2,000
(v) Level 3 Harassment on a Haulout
First Time Offense = two hundred fifty dollars ($250.00); Second Offense = five hundred dollars ($500.00)
(vi) Level 3 Harassment on a Rookery
First Time Offense = five hundred dollars ($500.00); Second Offense – $1,000
Level 1 harassment is any act of pursuit, torment, or annoyance, which disturbs a fur seal or group of fur seals in the wild by causing a major disruption of behavioral patterns including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering, which has the potential to injure a fur seal or group of fur seals in the wild.
Level 2 harassment is any act of pursuit, torment, or annoyance, which disturbs a fur seal or group of fur seals in the wild by causing a minor disruption of behavioral patterns including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering, which has the potential to injure a fur seal or group of fur seals in the wild.
Level 3 harassment is any act of pursuit, torment, or annoyance, which has the potential to disturb a fur seal or group of fur seals in the wild by causing disruption of behavioral patterns including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering, but which does not have the potential to injure a fur seal or group of fur seals in the wild.
(4) Taking a fur seal in violation of ATC 7.15.50 shall be:
(i) First Time Offense = $2,500; Second Offense = $5,000
(5) Visiting a viewing blind without a permit in violation of ATC 7.15.60 shall be:
(i) First Time Offense = fifty dollars ($50.00); Second Offense = one hundred dollars ($100.00)
(c) Whenever a monetary penalty is imposed by the Court under this chapter, it is immediately payable. If the person is unable to pay at that time, the Court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the Court may proceed to collect the penalty in the same manner as other civil judgments and may notify the Presenting Officer of the Tribe of the failure to pay.
(d) The Court may also order a person found to have committed a civil infraction to make restitution in the form of community service or complete any other form of restitution or restorative processes as determined appropriate by the Court. [Res. 2012-27; 2008 Code § 3.2.9]