Civil penalty

1. Any person violating section 36-26-03 is subject to: a. A civil penalty in an amount not exceeding five thousand dollars per violation; and b. A claim for the actual costs of control or eradication incurred by any state or federal government agency as a result of the person's violation. 2. Any person violating section 36-26-04 is subject to a civil penalty in an amount not exceeding two hundred fifty dollars for a first offense and a civil penalty in an amount not exceeding five thousand dollars for a subsequent offense.