33 U.S.C. § 499 : US Code - Section 499: Regulations for drawbridges

Search 33 U.S.C. § 499 : US Code - Section 499: Regulations for drawbridges

(a) Criminal penalties for violations; enforcement; rules and
regulations
It shall be the duty of all persons owning, operating, and
tending the drawbridges built prior to August 18, 1894, or which
may thereafter be built across the navigable rivers and other
waters of the United States, to open, or cause to be opened, the
draws of such bridges under such rules and regulations as in the
opinion of the Secretary of Transportation the public interests
require to govern the opening of drawbridges for the passage of
vessels and other water crafts, and such rules and regulations,
when so made and published, shall have the force of law. Every such
person who shall willfully fail or refuse to open, or cause to be
opened, the draw of any such bridge for the passage of a boat or
boats, as provided in such regulations, shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be punished by a fine
of not more than $2,000 nor less than $1,000, or by imprisonment
(in the case of a natural person) for not exceeding one year, or by
both such fine and imprisonment, in the discretion of the court:
Provided, That the proper action to enforce the provisions of this
subsection may be commenced before any magistrate judge, judge, or
court of the United States, and such magistrate judge, judge, or
court shall proceed in respect thereto as authorized by law in case
of crimes against the United States: Provided further, That
whenever, in the opinion of the Secretary of Transportation, the
public interests require it, he may make rules and regulations to
govern the opening of drawbridges for the passage of vessels and
other water crafts, and such rules and regulations, when so made
and published, shall have the force of law, and any willful
violation thereof shall be punished as hereinbefore provided:
Provided further, That any regulations made 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.
Any rules and regulations made in pursuance of this section shall,
to the extent practical and feasible, provide for regularly
scheduled openings of drawbridges during seasons of the year, and
during times of the day, when scheduled openings would help reduce
motor vehicle traffic delays and congestion on roads and highways
linked by drawbridges.
(b) Nonstructural vessel appurtenances; unreasonable delays
No vessel owner or operator shall signal a drawbridge to open for
any nonstructural vessel appurtenance which is not essential to
navigation or which is easily lowered and no person shall
unreasonably delay the opening of a draw after the signal required
by rules or regulations under this section has been given. The
Secretary of Transportation shall issue rules and regulations to
implement this subsection.
(c) Civil penalties for violation; notice and hearing; assessment,
collection, and remission; civil actions
Whoever violates any rule or regulation issued under subsection
(a) or (b) of this section, shall be liable to a civil penalty of
not more than $5,000 for a violation occurring in 2004; $10,000 for
a violation occurring in 2005; $15,000 for a violation occurring in
2006; $20,000 for a violation occurring in 2007; and $25,000 for a
violation occurring in 2008 and any year thereafter. 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.