§ 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.