§ 46-12-40 - Penalty for violations.
SECTION 46-12-40
§ 46-12-40 Penalty for violations. –(a) Every person in violation of § 46-12-39 or owning, operating orcausing to be operated, upon the waters of the state, a boat in violation ofthe provisions of § 46-12-39 or aiding in so doing, shall for the firstoffense be punished by a fine of not more than five hundred dollars ($500), orbe imprisoned for not more than one year in the adult correctionalinstitutions, or both such fine and imprisonment, and for a second and eachsubsequent offense shall be fined not more than one thousand dollars ($1,000),or be imprisoned for not more than one year in the adult correctionalinstitutions, or both such fine and imprisonment, in the discretion of thecourt. 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 thetreasurer of the town or city where the offense occurred.
(b) Every person in violation of § 46-12-39.1, orowning, operating or causing to be operated, upon the waters of the state, aboat in violation of the provisions of § 46-12-39.1, shall be guilty of acivil violation and subject to a fine of up to one hundred dollars ($100). If amunicipality 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 thegeneral treasurer of the state and one-half (1/2) thereof to the treasurer ofthe town or city where the offense occurred.
(c) Notwithstanding any inconsistent provision of law, themunicipal court shall have concurrent jurisdiction with the district court tohear and adjudicate violations under this section.