2013 Kentucky Revised Statutes
CHAPTER 235 - BOATS AND BOATING
235.310 Enforcement -- Powers and status of division employees -- Use of radio communication equipment.
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235.310 Enforcement -- Powers and status of division employees -- Use of
radio communication equipment.
(1)
(2)
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.
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 Kentucky State
Police shall cooperate with the department for the purpose of radio
communication of these officers when any assistance is necessary.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 263, effective June 26, 2007. -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.
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