235.310 Enforcement -- Powers and status of division employees -- Use of radio
386 words·~2 min read·
/ky/235-310A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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, 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.