§ 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.)