27 1809

1. Any person who violates the provisions of section 27-1805 of this title shall be liable for a civil penalty in the amount of fifty dollars for the first violation, one hundred dollars for a second violation committed within twelve months of a prior violation and two hundred dollars for a third or subsequent violation committed within twelve months of any prior violation. 2. Any retailer as that term is defined in section 27-1803 of this title, who violates the provisions of section 27-1807 of this title shall be liable for a civil penalty in the amount of two hundred dollars for the first violation, four hundred dollars for a second violation committed within twelve months of a prior violation, and five hundred dollars for a third or subsequent violation committed within twelve months of any prior violation. 3. Any battery manufacturer, as that term is defined in section 27-1803 of this title, who violates the provisions of section 27-1807 of this title shall be liable for a civil penalty in the amount of two thousand dollars for the first violation, four thousand dollars for a second violation committed within twelve months of a prior

of this title shall be liable for a civil penalty in the amount of two thousand dollars for the first violation, four thousand dollars for a second violation committed within twelve months of a prior violation, and five thousand dollars for a third or subsequent violation committed within twelve months of any prior violation. 4. Civil penalties under this section shall be assessed by the commissioner after a hearing or opportunity to be heard pursuant to the provisions of section 71-1709 of this chapter, or shall be assessed by the court in any action or proceeding pursuant to this section. In addition to any civil penalties, any person, retailer or manufacturer, as those terms are defined in section 27-1803 of this title, may by similar process be enjoined from continuing such violation.