Magistrate court jurisdiction; offenses and penalties.

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(A) Notwithstanding Chapter 3, Title 22, magistrates court shall have jurisdiction over actions arising under this section.

(B) A permit holder that fails to remove his structure at the expiration of his permit, who violates a condition upon which the permit was granted, or abandons the structure is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court also must require the permit holder to pay for all costs associated with the removal of the structure.

(C) Construction, placement, operation, occupation, or use of an unpermitted structure in, on, or about the waters of this State or on a licensed lake is a misdemeanor and, upon conviction, the offender must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court also must require the offender to pay for all costs associated with the removal of the unpermitted structure.

HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).


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