§851.31. Penalties

A.(1) Any person who violates any provision of R.S. 34:851.7, 851.9, 851.11, 851.12, 851.13, 851.14, 851.15, 851.16, 851.17, 851.18, 851.19, 851.20, 851.21, 851.23, 851.24, 851.27(C), and 851.30 shall be guilty of a class one violation, R.S. 56:31.

(2) In the event that a citation is issued for a violation of R.S. 34:851.20, for failure to have in one's possession the required boat registration certificate, such citation shall be voided if proof of a valid previously issued registration certificate is furnished to the authority which issued the citation not later than ten days after the issuance of the citation.

B. Any person who violates the provisions of R.S. 34:851.8 shall be guilty of a class four violation, R.S. 56:34.

C. Any person who violates any provision of R.S. 34:851.10 shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars or imprisonment for not less than six months, or both.

D. Any person who violates R.S. 34:851.24(J) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred and fifty dollars nor more than five hundred dollars or six months imprisonment, or both.

E.(1) Should the Greater New Orleans Expressway Commission determine that any vessel is in violation of any provision of R.S. 34:851.24(J) within the prohibited zone, it may impose against any such vessel owner or operator or charterer a civil penalty not exceeding one thousand dollars per vessel for each violation thereof. Any civil penalty imposed by the expressway commission may, in its discretion be suspended in whole or in part.

(2) For purposes of this Subsection, should the monitoring equipment indicate that Loran C equipment assigned to a particular operator has intruded into the prohibited zone defined in R.S. 34:851.2(11), proof of such indication shall constitute prima facie evidence that the operator to whom the equipment was assigned has violated R.S. 34:851.24(J)(2) and is liable for a civil penalty under this Subsection.

(3) The provisions of the Louisiana Administrative Procedure Act regarding administrative adjudications shall apply to civil penalty proceedings under this Subsection.

Acts 1984, No. 288, §1; Acts 1988, No. 552, §1, eff. July 14, 1988; Acts 1991, No. 966, §1; Acts 2003, No. 324, §1; Acts 2004, No. 238, §1; Acts 2009, No. 513, §2.

NOTE: See Acts 1988, No. 552, §2.