Kentucky Statutes 235.310 – Enforcement — Powers and status of division employees — Use of radio communication equipment
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(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, but shall only have the right to stop or enter upon boats on such waters if the officer has a reasonable and articulable suspicion based upon specific and articulable facts which, taken together with rational inferences from those facts, demonstrate that a violation of the Kentucky Revised Statutes or an administrative regulation promulgated under this chapter has occurred, with any subsequent search of the boat or persons on it being authorized only if supported by probable cause. The provisions of this section shall not apply to license inspections under KRS § 150.090(5), but only as to those licenses and items specified in that section. 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 Kentucky State Police shall cooperate with the department for the purpose of radio communication of these officers when any assistance is necessary.
(3) The department may conduct periodic inspections of marine sanitation devices according to a regular inspection schedule to be determined by the department. 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.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 109, sec. 1, effective July 15, 2014. — 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.
Legislative Research Commission Note (7/15/2014). 2014 Ky. Acts ch. 109, sec. 4 provided that that Act shall be known and may be cited as the “Boater Freedom Act.” This statute was amended in Section 1 of that Act.
(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 Kentucky State Police shall cooperate with the department for the purpose of radio communication of these officers when any assistance is necessary.
Terms Used In Kentucky Statutes 235.310
- Arrest: Taking physical custody of a person by lawful authority.
- Commissioner: means the commissioner of the Department of Fish and
Wildlife Resources. See Kentucky Statutes 235.010 - Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 235.010
- Marine sanitation device: means equipment that is identified by the United States Coast Guard as meeting the standards of the United States Environmental Protection Agency or that is approved by the Energy and Environment Cabinet, to eliminate the discharge of untreated sewage from vessels into the waters of the Commonwealth and is a device that receives, treats, retains, or discharges sewage. See Kentucky Statutes 235.010
- Motorboat: means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, except for the following:
(a) Boats or vessels propelled totally by a direct current battery-powered motor when used on private waters. See Kentucky Statutes 235.010 - Owner: means a person, other than a lienholder, having the property in or title to a motorboat. See Kentucky Statutes 235.010
- Person: means an individual, partnership, firm, corporation, association, or
other entity. See Kentucky Statutes 235.010 - Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Waters of this state: means any waters within the territorial limits of this state. See Kentucky Statutes 235.010
(3) The department may conduct periodic inspections of marine sanitation devices according to a regular inspection schedule to be determined by the department. 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.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 109, sec. 1, effective July 15, 2014. — 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.
Legislative Research Commission Note (7/15/2014). 2014 Ky. Acts ch. 109, sec. 4 provided that that Act shall be known and may be cited as the “Boater Freedom Act.” This statute was amended in Section 1 of that Act.