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



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



(2)  For a second offense within five years of a
previous 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 five
years of two prior convictions under this section, by a mandatory fine of not
less than $2,000, or imprisonment of not more than thirty days, or both.



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