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(a) Any person violating the terms of this chapter within the Yurok Reservation is subject to a civil fine in an amount not to exceed $5,000.00 for each cultural resource or for each day in which the violation occurs. Violation of human remains is a mandatory minimum fine of $5,000.00.

(b) If a permit provision is not complied with by the permit holder, in addition to monetary fines defined in subsection (a) of this section, the civil penalty of suspension, revocation, nonrenewal, or denial of the permit, as well as denial of any and all future permits, may be applied.

(c) In determining the type and amount of the penalty and/or fine, the Yurok Tribal Court shall consider the appropriateness of such fine and/or penalty in light of the gravity of the violation, any effects on cultural resources and the environment resulting from the violation and the economic conditions of the person charged, with the exception of human remains, which is a mandatory minimum $5,000.00 fine. To guide the assessment of fines, the following matrix of mandatory minimum fines shall be consulted:

Violation

Fine

Minor impact to a cultural resource, inadvertent

$100

Minor impact to a cultural resource

$200

Moderate impact to a cultural resource, inadvertent

$300

Moderate impact to a cultural resource

$500

Theft and/or removal of a cultural resource, nonhuman items

$1,000

Severe impact to a cultural resource, inadvertent

$1,000

Severe impact to a cultural resource

$5,000

Violations involving human remains

$5,000

(d) In assessing penalties or fines, the Yurok Tribal Court may assign community service in addition to or in lieu of fines payment. In no case will the amount of community service calculated at the Tribal minimum wage be greater than the allowable fines appropriate to the violation.

(e) Fines and community service described under this section are wholly separate from mitigation and abatement as described in YTC 14.10.090.

(f) The Court may also impose the sanction of banishment for a Tribal member for a period to be determined by the Court or exclusion of a non-Tribal member for a period to be determined by the Court. Such orders will be consistent with the gravity of the offense(s). [Ord. 22 § 12, amended, 9/9/2009.]