33 U.S.C. § 445 — Equipment and marking of boats or scows

Page 78 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 445 towboats from the penalties mentioned in sec- tion 441 of this title. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 426.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 18, 1894, ch. 299, 28 Stat. 356, which enacted sections 1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. § 445. Equipment and marking of boats or scows Every scow or boat engaged in the transpor- tation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner’s name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat lia- ble upon conviction thereof to a penalty of not more than $500: Provided, That the requirements in regard to life line or rope contained in this section shall not apply to any scow or boat the deck outside the coaming or rail of which shall not exceed one foot in width: And provided fur- ther, That on any such scow or boat its name or number and owner’s name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of this section in regard to name, number, and owner’s name. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 427; Feb. 16, 1909, ch. 132, 35 Stat. 623.) Editorial Notes CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. Provisos are from act Feb. 16, 1909. § 446. Inspectors; appointment, powers, and du- ties Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy in- spectors, and for the purposes of enforcing this subchapter and the Act of August 18, 1894, enti- tled ‘‘An Act making appropriations for the con- struction, repair, and preservation of certain public works on rivers and harbors, and for other purposes’’ (28 Stat. 338), and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so ap- pointed by him, shall have power and authority. First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as au- thorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited ma- terial, or in moving the same without a permit, as required in sections 443 to 448 of this title, or otherwise violating sections 443 to 448 of this title, and to seize and hold said boats until they are discharged by action of the magistrate judge, judge, or court of the United States be- fore whom the offending persons are brought. Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohib- ited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid. Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discov- ering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of section 441 of this title. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 427; Pub. L. 85–802, § 1(3), Aug. 28, 1958, 72 Stat. 970; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT Act of August 18, 1894, referred to in provision pre- ceding First paragraph, and Act aforesaid, referred to