§ 46-12-40. Penalty for violations. (a) Every person in violation of § 46-12-39 or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39 or aiding in so doing, shall for the first offense be punished by a fine of not more than five hundred dollars ($500), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, and for a second and each subsequent offense shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, in the discretion of the court. If a municipality assists in the prosecution of a violation of § 46-12-39 any fine imposed for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the treasurer of the town or city where the offense occurred.
(b) Every person in violation of § 46-12-39.1, or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39.1, shall be guilty of a civil violation and subject to a fine of up to one hundred dollars ($100). If a municipality assists in the prosecution of a violation of § 46-12-39.1, any fine imposed for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the treasurer of the town or city where the offense occurred.
(c) Notwithstanding any inconsistent provision of law, the municipal court shall have concurrent jurisdiction with the district court to hear and adjudicate violations under this section.
History of Section. (P.L. 1991, ch. 332, § 2; P.L. 2004, ch. 338, § 2; P.L. 2004, ch. 399, § 2; P.L. 2006, ch. 45, § 3; P.L. 2006, ch. 181, § 3.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.