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§ 495. —  Violations of orders respecting bridges and accessory works.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC495]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 495. Violations of orders respecting bridges and accessory 
        works
        

(a) Criminal penalties for violation; misdemeanor; fine; new offenses; 
        jurisdiction: suits for recovery of removal expenses, 
        enforcement of removal, and obstruction-to-navigation causes or 
        questions

    Any persons who shall willfully fail or refuse to comply with the 
lawful order of the Secretary of Transportation or the Chief of 
Engineers, made in accordance with the provisions of sections 491 to 498 
of this title, shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be punished in any court of competent jurisdiction by a 
fine not exceeding $5,000, and every month such persons shall remain in 
default shall be deemed a new offense and subject such persons to 
additional penalties therefor; and in addition to the penalties above 
described the Secretary of Transportation and the Chief of Engineers 
may, upon refusal of the persons owning or controlling any such bridge 
and accessory works to comply with any lawful order issued by the 
Secretary of Transportation or Chief of Engineers in regard thereto, 
cause the removal of such bridge and accessory works at the expense of 
the persons owning or controlling such bridge, and suit for such expense 
may be brought in the name of the United States against such persons, 
and recovery had for such expense in any court of competent 
jurisdiction; and the removal of any structures erected or maintained in 
violation of the provisions of said sections, or the order or direction 
of the Secretary of Transportation or Chief of Engineers made in 
pursuance thereof may be enforced by injunction, mandamus, or other 
summary process, upon application to the district court in the district 
in which such structure may, in whole or in part, exist, and proper 
proceedings to this end may be instituted under the direction of the 
Attorney General of the United States at the request of the Secretary of 
Transportation; and in case of any litigation arising from any 
obstruction or alleged obstruction to navigation created by the 
construction of any bridge under said sections, the cause or question 
arising may be tried before the district court of the United States in 
any district which any portion of said obstruction or bridge touches.

(b) Civil penalties for violation; separate offenses; notice and 
        hearing; assessment, collection, and remission; civil actions

    Whoever violates any provision of sections 491 to 498 of this title, 
or any order issued under sections 491 to 498 of this title, shall be 
liable to a civil penalty of not more than $1,000. Each day a violation 
continues shall be deemed a separate offense. No penalty may be assessed 
under this subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The Secretary of Transportation 
may assess and collect any civil penalty incurred under this subsection 
and, in his discretion, may remit, mitigate, or compromise any penalty 
until the matter is referred to the Attorney General. If a person 
against whom a civil penalty is assessed under this subsection fails to 
pay that penalty, an action may be commenced in the district court of 
the United States for any district in which the violation occurs for 
such penalty.

(Mar. 23, 1906, ch. 1130, Sec. 5, 34 Stat. 85; Mar. 3, 1911, ch. 231, 
Secs. 289, 291, 36 Stat. 1167; Pub. L. 97-322, title I, Sec. 108(c), 
Oct. 15, 1982, 96 Stat. 1584; Pub. L. 97-449, Sec. 2(d)(1), Jan. 12, 
1983, 96 Stat. 2440.)

                          Codification

    The words ``district court'' were substituted for ``circuit court,'' 
upon incorporation into the Code, the Circuit Courts being abolished by 
act Mar. 3, 1911, and their powers and duties transferred to the 
district courts by section 291 of that act.


                               Amendments

    1983--Subsec. (a). Pub. L. 97-449 substituted ``Secretary of 
Transportation'' for ``Secretary of War'' wherever appearing. See 
Transfer of Functions note below.
    1982--Subsec. (a). Pub. L. 97-322, Sec. 108(c)(1)-(3), designated 
existing provisions as subsec. (a), provided for punishment of persons 
who shall ``willfully'' fail to comply with lawful orders, and struck 
out ``shall be deemed guilty of a violation of said sections, and any 
persons who shall be guilty of a violation of said sections'' after 
``sections 491 to 498 of this title,''.
    Subsec. (b). Pub. L. 97-322, Sec. 108(c)(4), added subsec. (b).

                          Transfer of Functions

    Functions, powers, and duties of Secretary of the Army [formerly 
War] and other offices and officers of Department the Army [formerly 
War] under this section to extent that they relate generally to location 
and clearances of bridges and causeways in navigable waters of United 
States transferred to and vested in Secretary of Transportation by Pub. 
L. 89-670, Sec. 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 
amended this section to reflect transfer made by section 6(g)(6)(B) of 
Pub. L. 89-670, and repealed section 6(g)(6)(B).

                  Section Referred to in Other Sections

    This section is referred to in sections 491, 492, 493, 494, 497, 
498, 508, 530, 535 of this title.



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