§ 38 §3305 — Penalties; removal; abandonment

1.
Penalties.
Except as provided in subsection 2, a person who violates section 3302 commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged for each day of that violation, and the person may be ordered to pay restitution to the primary enforcement authority for costs incurred in investigating the violation and enforcing the provisions of this chapter.
2.
Repeat violations.
A person who violates section 3302 after having been adjudicated as having committed 3 or more civil violations under section 3302 within the previous 5-year period commits a Class E crime. In addition to any penalties that may be imposed by law for each day of that violation, the person may be ordered to pay restitution to the primary enforcement authority for costs incurred in investigating the violation and enforcing the provisions of this chapter.
3.
Removal of structures.
A person who violates section 3302 shall remove the violating nonwater-dependent floating structure from the internal waters that the structure was placed or used in, on or over and is responsible for all costs associated with the removal and the costs of any damage to persons or property caused by the structure's placement or use.
4.
Abandoned structures.
An abandoned nonwater-dependent floating structure may be removed, possessed, sold, destroyed or otherwise disposed of by the State, a municipality or other primary enforcement authority. The authority provided under this subsection does not affect the authority granted under Title 12, section 1866 related to the removal of an abandoned watercraft pursuant to that section.

Legislative History

PL 2025, c. 378, §12 (NEW).