Montana Code 80-7-1019. Enforcement
80-7-1019. Enforcement. (1) Except as provided in subsection (2), a peace officer, as defined in 45-2-101, may:
Terms Used In Montana Code 80-7-1019
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equipment: means an implement or machinery that has been wholly or partially immersed in surface waters, including but not limited to boat lifts, trailers transporting vessels, floating docks, pilings, dredge pipes, and buoys. See Montana Code 80-7-1003
- Invasive species: means , upon the mutual agreement of the directors of the departments, a nonnative, aquatic species that has caused, is causing, or is likely to cause harm to the economy, environment, recreational opportunities, or human health. See Montana Code 80-7-1003
- Invasive species management area: means a designation made by a department under 80-7-1008 for a specific area or for a body or bodies of water for a specific or indeterminate amount of time that regulates invasive species or potential carriers of invasive species within the boundaries of that area. See Montana Code 80-7-1003
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: means an individual, partnership, corporation, association, limited partnership, limited liability company, governmental subdivision, agency, or public or private organization of any character. See Montana Code 80-7-1003
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vessel: has the meaning provided in 61-1-101. See Montana Code 80-7-1003
(a)stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;
(b)upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:
(i)the peace officer obtains a search warrant, as defined in 46-1-202; or
(ii)the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008(3)(b)(i) or rules adopted under 80-7-1007.
(c)cite a person for a violation of this part.
(2)(a) A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010(2) and 80-7-1015(7) to stop except on reasonable cause to believe:
(i)that the driver violated a traffic regulation or another provision of this part; or
(ii)that the driver’s vehicle is unsafe or not equipped as required by law.
(b)A driver found to be in violation of 80-7-1010(2) or 80-7-1015(7) may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.