Title 52, Chapter 7, Section 25
( 52-7-25)
(a) Any person empowered to enforce this article and any rule or
regulation adopted pursuant hereto shall have the authority to stop
and board any vessel subject to this article or any such regulation
for the purpose of inspection or determining compliance with this
article and is empowered to issue a summons for appearance in court
or before a magistrate for all violations of this article or of the
rules and regulations prescribed hereunder. Vessels of law
enforcement personnel shall be marked to identify them as designated
enforcement vessels. (b) An officer empowered to enforce this article shall have the
power: (1) To arrest on view for any violation relating to boating and
all rules and regulations prescribed by the board under this
article; (2) To execute all warrants and search warrants for violations of
the boat laws and regulations; (3) To serve subpoenas issued for the examination, investigation,
and trial of all offenses against the laws and regulations
relating to boats; (4) To board vessels in use, for purposes of examining any
documents and safety equipment, and to search without warrant any
vessel which is not at its regular mooring or berth when he
believes that any law of this state or any rule or regulation of
the Board of Natural Resources relating to boating has been
violated; (4.1) To board vessels in use or floating, whether moored or not,
for purposes of examining any marine toilets, holding tanks, and
documents related to them, including records of pump-out and
certificates of compliance, and to search without warrant any such
vessel to determine compliance with the provisions of this article
related to marine toilets when the officer believes that any of
said provisions of this article relating to marine toilets have
been violated; (5) To detain the vessel and arrest the operator of a suspected
stolen vessel; (6) To enter upon any land or water in the performance of his
duty; (7) To demand and secure proper assistance in case of emergency; (8) To exercise the powers and duties of peace officers; and (9) To investigate any boating accident which occurs on the waters
of this state. (c) Every vessel subject to this article if underway and upon being
hailed by a designated law enforcement officer shall stop
immediately and lay to or shall maneuver in such a way as to permit
the officer to come aboard.
(d) Any person employed or elected by this state or a political
subdivision thereof, whose duty it is to preserve the peace or to
make arrests or to enforce the law, including, but not limited to,
members of the sheriffs' departments, state patrolmen, and
conservation rangers, are empowered to enforce this article. The
Department of Natural Resources shall be primarily responsible for
enforcement of this article and the rules and regulations issued
under this chapter. (e) It shall be unlawful for any person to resist or interfere by
force, menace, threat, or in any other manner with any arrest for
violation of this article. It shall also be unlawful for any person
to refuse to go with any law enforcement officer of this state after
an arrest has been made or to interfere with the officer in the
performance of his duty. (f) The department is authorized and empowered to identify by
appropriate signs and markers those public waters in which certain
activities may be prohibited or restricted. |