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219.97 Forfeiture; violations; penalties.

Subdivision 1. Repealed, 1980 c 460 s 32

Subd. 2. Repealed, 1980 c 460 s 32

Subd. 3. Repealed, 1980 c 460 s 32

Subd. 4. Violation of grade crossing safety requirement. A person, firm, or corporation violating sections 219.16 to 219.30 is guilty of a misdemeanor. The violation of section 219.22 does not of itself constitute contributory negligence as a matter of law.

Subd. 5. Ditch or culvert violation. A railroad or receiver or lessee of the railroad failing or neglecting to comply with section 219.37 shall forfeit and pay to the state $200 for every mile of a ditch which it fails to keep clean during any season. This amount must be collected in a civil action brought by the attorney general or by the county attorney of the county through or into which that railroad extends.

Subd. 6. Caboose violation. A person, corporation, or company operating a railroad in the state and violating section 219.56 is guilty of a misdemeanor and, upon conviction, is liable for a penalty of not less than $10 nor more than $50 for each offense. The use of a caboose car prohibited in section 219.56 constitutes a separate offense for every day or part of a day so used.

The penalty must be recovered in a suit brought in the name of the state in a court having jurisdiction in a county in or through which the line of railroad may run, by the attorney general or by the county attorney of a county in or through which the line of railroad may be operated. Fines and penalties recovered by the state under this subdivision must be paid into the state treasury.

Subd. 7. Service violation. A company failing to comply with section 219.85 shall forfeit to the state for each violation not less than $500 nor more than $1,000. Each period of 30 days that the failure continues constitutes a separate offense.

Subd. 8. Repealed, 1980 c 460 s 32

Subd. 9. Repealed, 1980 c 460 s 32

Subd. 10. Station name violation. A railway company, telegraph company, express company, or other common carrier failing to comply with section 219.88 shall forfeit to the city where the station is located the sum of $100 for each day that the failure continues. However, before a company is deemed in default, the council of the city where the station is located shall notify the company to change the name of the station to the same name as that of the city within 60 days after service of the notice.

Subd. 11. Repealed, 1980 c 460 s 32

Subd. 12. Violation of requirements for new road. A carrier failing to comply with section 219.92 or with an order of the commissioner made under section 219.92 shall forfeit $100 for each day's default, to be recovered in a civil action in the name of the state.

Subd. 13. Violation of provision for stopping train at crossing. Upon the complaint of any person, a company operating a railroad violating section 219.93 shall forfeit not less than $20 nor more than $100 to be recovered in a civil action before a county or municipal judge of the county in which the violation occurs. One-half of the forfeiture must go to the complainant and one-half to the school district where the violation occurs.

Subd. 14. Repealed, 1980 c 460 s 32

Subd. 15. Repealed, 1980 c 460 s 32

Subd. 16. Repealed, 1980 c 460 s 32

HIST: (4726, 4731, 4732, 4743-17, 4751, 4880, 4888, 4890, 4893, 4897, 4900, 4904, 4905, 4906, 4910, 4925) RL s 1993; 2030; 2033; 2034; 2036; 1905 c 208 s 2; 1905 c 252 s 3; 1905 c 287 s 2; 1907 c 276 s 3; 1909 c 377 s 2; 1909 c 382 s 2; 1913 c 93 s 2; 1913 c 126 s 2; 1919 c 335 s 3; 1921 c 244 s 2; 1925 c 336 s 17; 1941 c 338 s 1; 1941 c 390 s 1; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1976 c 166 s 63,64; 1980 c 460 s 30; 1983 c 359 s 22; 1985 c 265 art 4 s 1

Official Publication of the State of Minnesota
Revisor of Statutes