(1) No owner, lessee, or such owner's or lessee's agent, in charge of a wharf upon any of the rivers of this state, where the same is kept or used for profit, shall be entitled to make and collect any charge whatever for wharfage, or the landing of boats, unless the wharf is, at the time of making such charge, in good repair, macadamized or cobblestoned. When it is not convenient to get stone, the owner of the wharf or bank may use such material as will put and keep the wharf or bank in repair.
(2) Failure upon the part of anyone having charge of such wharf to keep the same in repair, as described in this section, is a Class C misdemeanor.