[§171-31.6]  Criminal penalties.  (a) Any person found guilty of a violation of this chapter or any rules adoptedthereunder shall be guilty of a petty misdemeanor and shall be punished asfollows:

(1)  For a first offense, by a mandatory fine of notless than $500, or imprisonment of not more than thirty days, or both;

(2)  For a second offense within five years of aprevious conviction under this section, by a mandatory fine of not less than$1,000, or imprisonment of not more than thirty days, or both; and

(3)  For a third or subsequent offense within fiveyears of two prior convictions under this section, by a mandatory fine of notless than $2,000, or imprisonment of not more than thirty days, or both.

(b)  Any criminal action against a person forany violation under this section shall not be deemed to preclude the State frompursuing civil legal action to recover administrative fines and costs againstthe person.  Any civil legal action against a person to recover administrativefines and costs for any violation of this chapter or any rules adoptedthereunder shall not be deemed to preclude the State from pursuing any criminalaction against that person pursuant to this section. [L 2008, c 216, §1]