§ 495. Violations of orders respecting bridges and accessory works

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1906

   Pub. L. 59–1130 § 5 · 34 Stat. 84

   Enacted · 33 U.S.C. § 495

   Mar. 23, 1906, ch. 1130, § 5, 34 Stat. 85

   Source evidence

   Code source credit
   Mar. 23, 1906, ch. 1130, § 5, 34 Stat. 85

   Enacted provision · exact public law section
   Sec. 5. That any persons who shall fail or refuse to comply with the Non compliance with regulations a misdemeanor. lawful order of the Secretary of War or the Chief of Engineers, made in accordance with the provisions of this Act, shall be deemed guilty of a violation of this Act. and any persons who shall be guilty of a violation of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction Penalty. by a tine not exceeding five thousand dollars, 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 War and the Chief of Engineers may, upon refusal of the. persons owning or controlling any such bridge and accessory works to comply with any lawfid order issued by the Secretary of War 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 this Act or the order or direction of the Secretary of War or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the circuit 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 Litigation. the United States at the request of the Secretary of War; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under this Act, the cause or question arising may be tried before the circuit court of the United States in any district which any portion of said obstruction or bridge touches.

2. 1982

   Coast Guard Authorization Act of 1982

   Pub. L. 97–322 § 108(c)(1) · 96 Stat. 1581

   1. Amended · 33 U.S.C. § 495(a)

      Pub. L. 97–322, § 108(c)(1)–(3), designated existing provisions as subsec. (a), provided for punishment of persons who shall “willfully” fail to comply with lawful orders

   2. Struck · 33 U.S.C. § 495(a)

      Pub. L. 97–322, § 108(c)(1)–(3), 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” before “shall be deemed guilty of a misdemeanor”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–322, § 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” before “shall be deemed guilty of a misdemeanor”.

   Enacted provision · exact public law section
   (1) by inserting “(a)” after “Sec. 5.”;

3. 1982

   Coast Guard Authorization Act of 1982

   Pub. L. 97–322 § 108(c)(4) · 96 Stat. 1581

   Added · 33 U.S.C. § 495(b)

   Pub. L. 97–322, § 108(c)(4), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–322, § 108(c)(4), added subsec. (b).

   Enacted provision · exact public law section
   (4) by adding at the end thereof the following new subsection: “(b) Whoever violates any provision of this Act, or any order issued under this Act, 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.”.

4. 1983

   Pub. L. 97–449 § 2(d)(1) · 96 Stat. 2413

   Substituted · 33 U.S.C. § 495(a)

   Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below.

   Enacted provision · exact public law section
   (1) Section 7 of the Act of March 4, 1915 (33 U.S.C. 471), rule 9 of section 1 of the Act of February 8, 1895 (33 U.S.C. 258), section 5 of the Act of August 18, 1894 (33 U.S.C. 499), sections 7 and 13 of the Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of August 21, 1935 (33 U.S.C. 503–507), the Act of March 23, 1906 (33 U.S.C. 491–498), and the General Bridge Act of 1946 (33 U.S.C. 525–533) are amended by striking out the words “Secretary of War” wherever they appear and substituting “Secretary of Transportation”.

5. 2004

   Pub. L. 108–293 title VI § 601(a) · 118 Stat. 1028

   Substituted · 33 U.S.C. § 495(b)

   Pub. L. 108–293 substituted “$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” for “$1,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–293 substituted “$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” for “$1,000”.

   Enacted provision · exact public law section
   (a) General Bridge Act of 1906.— Section 5(b) of Act of March 23, 1906 (chapter 1130; 33 U.S.C. 495), popularly known as the General Bridge Act, is amended by striking “$1,000” and inserting “$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”.

6. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 title III § 306(b)(2)(C) · 130 Stat. 27

   Substituted · 33 U.S.C. § 495

   Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing.

   Enacted provision · exact public law section
   (C) in section 5 (33 U.S.C. 495), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.

7. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3548(b) · 132 Stat. 1636

   Struck · 33 U.S.C. § 495(b)

   Pub. L. 115–232 struck out “$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” after “civil penalty of not more than”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–232 struck out “$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” after “civil penalty of not more than”.

   Enacted provision · exact public law section
   (b) Section 5(b) of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, popularly known as the Bridge Act of 1906 (chapter 1130; 33 U.S.C. 495(b)), is amended by striking “$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”.

8 of 8 references resolved to an enrolled provision