Maine Revised Statutes Title 35-A Sec. 5107 – Violation of this chapter; penalty
Current as of: 2023 | Check for updates
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1. Offense. Whoever violates this chapter is guilty of unlawfully operating a ferry in Casco Bay.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 35-A Sec. 5107
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Ferry: includes every person, its lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any vessel and which is subject to commission's jurisdiction under chapter 51. See Maine Revised Statutes Title 35-A Sec. 102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
2. Penalty. Unlawful operation of a ferry in Casco Bay is a Class E crime.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3. Civil remedy. In addition to any other remedy provided in this chapter for the enforcement of this chapter or any rule, order or decision of the commission issued with relation to the operation of a ferry covered by this chapter, the Superior Court has jurisdiction upon complaint filed by the commission or the Casco Bay Island Transit District to enjoin a person from committing an act prohibited by this chapter or prohibited by a rule, order or decision of the commission in relation to the operation of transportation facilities in Casco Bay. It is the intention of the Legislature that the commission or the Casco Bay Island Transit District may seek an injunction under this section without first resorting to another form of administrative proceedings or court procedures as a condition precedent to the granting of the injunction.
[PL 1987, c. 475, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD).