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33 U.S.C. § 1Regulations by Secretary of the Army for navigation of waters generally

submitted 132 years ago by ch. 299 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary of the Army write safety rules for U.S. navigable waters. Breaking a rule is a misdemeanor. A person can be fined up to $500 or jailed up to six months.

This section gives the Secretary of the Army a duty to regulate navigable waters, and sets a penalty for breaking those regulations. Duty to regulate. The Secretary of the Army must prescribe regulations for the use, management, and navigation of the United States' navigable waters. The Secretary writes these when, in their judgment, the public needs them to protect life and property, or to protect the United States' own channel-improvement work. This covers any matter not already assigned by law to some other executive department. Posting requirement. The Secretary must post these regulations in conspicuous, appropriate public places so people can see them. Penalty. Any person or corporation that violates the regulations is guilty of a misdemeanor. They must be convicted in a U.S. district court that has jurisdiction where the violation happened. The court may punish them with a fine of up to $500. If the violator is a natural person (an individual, not a corporation), the court may instead — or also, at its discretion — sentence up to six months in prison. The court decides the punishment. Enforcement. Regulations the Secretary issues under this section can be enforced the same way as the regulations in section 413 of this title. Section 413's enforcement provisions apply here too.
the actual law source: uscode.house.gov ↗public domain

It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court.

Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations.

Source credit: (Aug. 18, 1894, ch. 299, § 4, 28 Stat. 362; June 13, 1902, ch. 1079, §§ 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, § 7, 40 Stat. 266; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1894Enacted · Act of Aug. 18, 1894, ch. 299 · 28 Stat. 362
  • 1902Amended · Act of June 13, 1902, ch. 1079 · 32 Stat. 374
  • 1917Amended · Act of Aug. 8, 1917, ch. 49 · 40 Stat. 266
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 299 on 1894-08-18.

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