2006 Kentucky Revised Statutes - .310   Enforcement -- Powers and status of division employees -- Use of radio communication equipment.

235.310 Enforcement -- Powers and status of division employees -- Use of radio communication equipment. (1) The commissioner of the Department of Fish and Wildlife Resources shall designate officers and employees of the department to enforce the provisions of this chapter and these officers when duly authorized by the commissioner shall have the general powers of a peace officer for the enforcement of other offenses against the Commonwealth. In enforcing the provisions of this chapter, these officers and all other peace officers of the Commonwealth and its subdivisions shall have the right to enter upon all waters of this state, either private or public, for the purpose of inspecting certificate of registration and boat numbering, and shall have the right to enter upon all boats on such waters for the purpose of examining their registration documents and inspect their marine sanitation device to determine if it is the proper kind for the water body where the boat is kept or operated and that the device is properly operating. To conduct the marine sanitation device inspection the department officers and employees may require a motorboat owner to flush a dye through the marine toilet in the presence of the department officers or employees or use other appropriate measures to inspect the device. They may arrest on sight, without warrant, any person detected by them in the act of violating any of the provisions of this chapter. They shall have the same rights as sheriffs to require aid in arresting, with or without process, any person found by them violating any of the provisions of this chapter or other offenses against the Commonwealth. (2) The officers designated in subsection (1) of this section shall be authorized to possess and use radio communication equipment capable of receiving and transmitting on state police radio frequency. The Department of State Police shall cooperate with the department for the purpose of radio communication of these officers when any assistance is necessary. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 23, sec. 11, effective July 15, 1998; and ch. 71, sec. 8, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 118, sec. 6, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 446, sec. 7, effective April 12, 1982. -- Amended 1980 Ky. Acts ch. 295, sec. 81, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 292, sec. 22. -- Amended 1972 Ky. Acts ch. 220, sec. 1. -- Created 1960 Ky. Acts ch. 68, Art. VIII, sec. 33, effective March 17, 1960. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 23 and 71 which do not appear to be in conflict and have been codified together. Page 1 of 1