The Council of the District of Columbia is hereby vested with authority to make harbor regulations for the entire water-front of the city within the District of Columbia, to alter and amend the same from time to time as it may find necessary; provided, that nothing in this section shall be construed or applied to require or excuse noncompliance with any provision of any federal law or regulation. This section shall not supersede but shall supplement all statutes and regulations of the District of Columbia and the United States in which similar conduct is prohibited or regulated.
(Mar. 3, 1901, 31 Stat. 1335, ch. 854, § 895; June 30, 1902, 32 Stat. 535, ch. 1329; Feb. 8, 1904, 33 Stat. 11, ch. 152, §§ 1, 2; June 6, 1924, ch. 270, § 9; June 15, 1934, 48 Stat. 963, ch. 536; July 19, 1952, 66 Stat. 790, ch. 949, § 1; Sept. 28, 1979, D.C. Law 3-25, § 4, 26 DCR 497.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-1701.
1973 Ed., § 22-1701.
Legislative History of Laws
Law 3-25, the "Harbor and Boating Safety Act of 1979," was introduced in Council and assigned Bill No. 3-61. The Bill was adopted on first and second readings on June 5, 1979 and June 19, 1979, respectively. Signed by the Mayor on July 12, 1979, it was assigned Act No. 3-70 and transmitted to both Houses of Congress for its review.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(206) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1979: The "Harbor and Boating Safety Act of 1979" (D.C. Law 3-25, Sept. 28, 1979, 26 DCR 497).
(a) It shall be unlawful for any owner or occupant of any wharf or dock, any master or captain of any vessel, or any person or persons to cast, throw, drop, or deposit any stone, gravel, sand, ballast, dirt, oyster shells, or ashes in the water in any part of the Potomac River or its tributaries in the District of Columbia, or on the shores of said river below highwater mark, unless for the purpose of making a wharf, after permission has been obtained from the Mayor of the District of Columbia for that purpose, which wharf shall be sufficiently inclosed and secured so as to prevent injury to navigation.
(b) It shall be unlawful for any owner or occupant of any wharf or dock, any captain or master of any vessel, or any other person or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac River or its tributaries in the District of Columbia any dead fish, fish offal, dead animals of any kind, condemned oysters in the shell, watermelons, cantaloupes, vegetables, fruits, shavings, hay, straw, or filth of any kind whatsoever.
(c) Nothing in this section contained shall be construed to interfere with the work of improvement in or along the said river and harbor under the supervision of the United States government.
(d) Any person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding $100, or by imprisonment not exceeding 6 months, or both, in the discretion of the court.
(Feb. 3, 1913, 37 Stat. 656, ch. 25.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-1702.
1973 Ed., § 22-1702.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
No person shall allow any tar, oil, ammoniacal liquor, or other waste products of any gas works or works engaged in using such products, or any waste product whatever of any mechanical, chemical, manufacturing, or refining establishment to flow into or be deposited in Rock Creek or the Potomac River or any of its tributaries within the District of Columbia or into any pipe or conduit leading to the same.
(Mar. 3, 1901, 31 Stat. 1336, ch. 854, § 901.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-1703.
1973 Ed., § 22-1703.
Any person who shall violate any provision of § 22-4403 shall for each such offense be fined not more than $300 or imprisoned not more than 90 days, or both.
(Mar. 3, 1901, 31 Stat. 1336, ch. 854, § 902; Aug. 23, 1958, 72 Stat. 815, Pub. L. 85-730, § 7.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-1703a.
1973 Ed., § 22-1703a.
