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33 U.S.C. § 406Penalty for wrongful construction of bridges, piers, etc.; removal of structures

submitted 127 years ago by ch. 425 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 155 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who breaks the rules in sections 401, 403, or 404 commits a misdemeanor. The penalty is a fine between $500 and $2,500, plus up to a year in prison. A court can also order any illegal structure removed, enforced by the Attorney General.

Anyone — a person or a corporation — who violates sections 401, 403, or 404 of this title, or a rule the Secretary of the Army made under section 404, commits a misdemeanor. If convicted, the penalty is a fine of at least $500 and no more than $2,500. A natural person (not a corporation) can also get up to one year in prison. The court can impose the fine, the prison term, or both, at its discretion. Beyond that, any district court with jurisdiction can order the removal — by injunction — of any structure, or part of a structure, built in violation of these sections. The Attorney General of the United States directs the legal proceedings to make that happen.
the actual law source: uscode.house.gov ↗public domain

Every person and every corporation that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of section 404 of this title shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

Source credit: (Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151; Feb. 20, 1900, ch. 23, § 2, 31 Stat. 32; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1899Enacted · Act of Mar. 3, 1899, ch. 425 · 30 Stat. 1151
  • 1900Amended · Act of Feb. 20, 1900, ch. 23 · 31 Stat. 32
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167
  • 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. 425 on 1899-03-03.

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