This section sets fines and other penalties for violating boating-related provisions, including some offense-specific penalties and a required safe-boating course in some cases.
235.990 Penalties. (1) Any person who violates any of the provisions of this chapter or administrative regulations adopted under this chapter shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200). After July 15, 2000, any person who violates KRS 235.230 shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100) and each day the violation continues may constitute a separate offense. (2) Any person who violates KRS 235.240 shall not be subject to the penalties of KRS Chapter 189A but shall be guilty of a separate offense and subject to a fine of two hundred dollars ($200) to two hundred fifty dollars ($250) or imprisonment for twenty-four (24) hours for the first offense, a fine of three hundred fifty dollars ($350) to five hundred dollars ($500) or imprisonment for forty-eight (48) hours for the second offense, and a fine of six hundred dollars ($600) to one thousand dollars ($1,000) or imprisonment in the county jail for not less than thirty (30) days, or both, for the third or subsequent offense. Refusal to submit to a breath alcohol analysis or similar test in violation of KRS 235.240(3) shall be deemed an offense. (3) (a) A person may, in addition or in lieu of the penalties specified in subsection (1) or (5) of this section, be required to take a safe-boating course approved by the department or offered by the United States Coast Guard, Coast Guard Auxiliary, or U.S. Power Squadron and to present the court a certificate documenting successful completion of the course. (b) A person shall, in addition to the penalties of subsection (2) of this section, be required to take a safe-boating course offered by the department and to present the court a certificate documenting successful completion of the course. The person attending a class under this paragraph shall pay the department a fee of one hundred dollars ($100) for the costs of materials and instruction before receiving a certificate of completion. (4) After July 15, 2000, any person who violates KRS 235.420 or 235.430 shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100). A person who violates KRS 235.420 or 235.430 shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for the second offense, and not less than three hundred dollars ($300) nor more than five hundred dollars ($500) for the third or any subsequent offense. (5) Any person failing to obey a citation issued in accordance with KRS 235.315 shall be guilty of a separate offense and shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200). (6) Any person who makes a false statement regarding a marine boat toilet on the application for registration or renewal registration for a motorboat shall be fined one hundred dollars ($100). This penalty shall be separate from any other penalty that may be applicable for violation of this chapter. (7) Any person who resists, obstructs, interferes with, threatens, attempts to intimidate, or in any other manner interferes with any officer in the discharge of his duties, other than a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 150, or the administrative regulations issued under either of these chapters, shall be guilty of a Class A misdemeanor. (8) Any person who commits a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 150, or the administrative regulations issued under either of these chapters shall be subject to the penalties specified for the offense under KRS Chapter 507 or 508, as appropriate. (9) Any person who violates KRS 235.203 shall be fined fifty dollars ($50). Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 171, sec. 2, effective June 27, 2019. -- Amended 2002 Ky. Acts ch. 243, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 474, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 22, sec. 4, effective March 3, 1998; ch. 71, sec. 10, effective July 15, 1998; and ch. 275, sec. 10, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 406, sec. 310. -- Amended 1962 Ky. Acts ch. 172, sec. 2. -- Created 1960 Ky. Acts ch. 68, Art. VIII, secs. 26 and 36.