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33 U.S.C. § 519Noncompliance with orders; penalties; removal of bridge

submitted 86 years ago by ch. 409 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 264 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes misdemeanor and financial penalties for a bridge owner who willfully disobeys a lawful order. It also authorizes bridge removal and court orders to enforce compliance.

Any bridge owner who must willfully fail or refuse to comply with any lawful order of the Secretary, made under the provisions of this subchapter, must be deemed guilty of a misdemeanor and on conviction of it must be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such bridge owner must remain in default must be deemed a new offense and subject such bridge owner to additional penalties therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The removal of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance of it, and compliance with any order of the Secretary made for any bridge under the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon application to the district court of any district in which such bridge 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.
the actual law source: uscode.house.gov ↗public domain

Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the Secretary, made in accordance with the provisions of this subchapter, 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 bridge owner shall remain in default shall be deemed a new offense and subject such bridge owner to additional penalties therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The removal of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon application to the district court of any district in which such bridge 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.

Source credit: (June 21, 1940, ch. 409, § 9, 54 Stat. 500.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of June 21, 1940, ch. 409 · 54 Stat. 500

A history note hasn’t been published yet. The record shows enactment by ch. 409 on 1940-06-21.

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