14 chapters · 437 sections in this title.
KRS § 235.010 Definitions for chapter
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As used in this chapter, unless the context clearly requires a different meaning: (1) "Vessel" means every description of watercraft, other than a seaplane on the water; (2) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source…
KRS § 235.030 Title and administration of chapter
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This chapter shall be known as the State Boating Act and shall be administered by the Department of Fish and Wildlife Resources, which is administratively attached to the Tourism, Arts and Heritage Cabinet only for those limited functions and purposes expressly requested by the d…
KRS § 235.040 Requirement that motorboats be registered and numbered
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Every motorboat on the waters of this state shall be numbered and currently registered in accordance with the provisions of this chapter. No person shall operate or give permission for the operation of any motorboat on such waters unless the motorboat is registered and numbered i…
KRS § 235.050 Application for title and registration -- Accompanying documents
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(1) Except as otherwise provided in this chapter, before the owner or operator of each motorboat required to be registered and numbered by KRS 235.040 may operate it or permit its operation upon the waters of this state, the owner shall apply for title and registration to the cou…
KRS § 235.055 Financing statements affecting motorboats
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The perfection and discharge of security interests and all other procedural aspects regarding motorboats shall be performed as required on other Kentucky titled property under KRS 186.045, 186A.190, 186A.193, 186A.195, 186A.200, 186A.205, and 186A.210.
KRS § 235.060 Issuance of licenses by county clerk and by department
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All original, renewal and duplicate licenses for the operation of motorboats shall be issued by the county clerk in the county in which the motorboat is registered, except the department shall issue manufacturers' and dealers' registrations and registrations for federal and state…
KRS § 235.065 Year-round registration system
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All motorboat registrations required to be renewed annually may be placed in a system of registration renewal which would distribute the workload more evenly. This system to be selected by the Transportation Cabinet in consultation with the county clerks may be by the birth month…
KRS § 235.066 County clerk to notify owner prior to registration expiration -- Renewal by mail
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mail. At least thirty (30) days prior to the expiration of registration of any motorboat previously registered in the Commonwealth as provided by KRS 235.070, the owner of the motorboat shall be notified on the same notice required by KRS 134.805(5) of the date of expiration. In …
KRS § 235.070 Contents of application -- Documentation to be submitted -- Certificate of registration or renewal denied, when
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registration or renewal denied, when. (1) Every person seeking a title and registration or renewal registration for operation of a motorboat shall apply to the county clerk of the county as provided in KRS 235.050 and make application on a form furnished by the Transportation Cab…
KRS § 235.080 Registration fees
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(1) The annual registration fee for motorboats shall be set by the department by administrative regulation. Every application for registration or renewal of registration shall be accompanied by the registration fee in addition to a one dollar ($1) fee which shall be deposited in …
KRS § 235.085 Fee to county clerk and Transportation Cabinet for issuing title and registration
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registration. (1) The county clerk shall be entitled to the same fee for the performance of the duties required in the issuance of certificates of title and registration for motorboats as is applicable to the issuance of certificates of title and registration of motor vehicles as…
KRS § 235.090 County clerk's entry of information into automated vehicle information system -- Report, application and fees to Transportation Cabinet
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system -- Report, application and fees to Transportation Cabinet. (1) The county clerk shall enter information relating to the registration and titling of boats into the automated vehicle information system. This information shall include the name and address of those persons who…
KRS § 235.100 Procedure for issuing license
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After the county clerk has entered the information into the automated vehicle information system as required by KRS 235.090, the Transportation Cabinet shall issue to the applicant a certificate of number stating the number awarded to the motorboat, the name and address of the ow…
KRS § 235.110 Display of number on boat -- Specifications -- Certificate of number to be kept available
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kept available. (1) The owners shall cause to be painted on or attached to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be m…
KRS § 235.120 Boat that is already numbered
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The owner of any motorboat already covered by a number in full force and effect which has been awarded to it by the then operative federal law or a federally approved number system of another state shall record the number prior to operating the motorboat on the waters of this sta…
KRS § 235.125 When owner shall remove number and validation sticker
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The person whose name appears on a certificate of number as the owner of a vessel shall remove the number and validation sticker from the vessel when: (1) The vessel is documented by the Coast Guard; or (2) The certificate of number is invalid under KRS 235.180; or (3) The vessel…
KRS § 235.130 Procedure when ownership is transferred or owner renders motorboat unfit for future use
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unfit for future use. (1) A person acting for himself, herself, or another shall not buy or trade for any motorboat without receiving the certificate of title issued for that boat with a certificate of transfer endorsed thereon. If the motorboat has not been issued a certificate …
KRS § 235.140 Relation of numbering system to federal system
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The numbering system employed pursuant to this chapter shall be in conformity with the overall system of identification numbering adopted by the appropriate agency of the United States government for motorboats within the United States.
KRS § 235.150 Cabinet or county clerk to assign same numbers as far as practicable
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The Transportation Cabinet or county clerk shall insofar as is practicable assign to each motorboat the number previously assigned thereto upon each subsequent registration or transfer.
KRS § 235.160 Registration records to be public
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All registration records of the Transportation Cabinet made or kept pursuant to the issuance of a certificate of number shall be public records.
KRS § 235.170 Year-long effectiveness of licenses -- Expiration date
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(1) Every certificate of number awarded pursuant to this chapter shall continue in full force and effect for a period of one (1) year unless sooner terminated or discontinued in accordance with the provisions of this chapter. (2) The certificates of number shall expire on April 3…
KRS § 235.180 Termination of license by transfer, destruction or abandonment
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The owner shall furnish the county clerk notice of the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in this state pursuant to the provisions of this chapter or of the destruction or abandonment of the motorboat…
KRS § 235.190 Licensee's change of address -- Notice of theft or recovery required
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(1) Any holder of a certificate of registration shall notify the county clerk within fifteen (15) days if his address no longer conforms to the address appearing on the certificate and shall, as a part of the notification, furnish the county clerk with his new address. The depart…
KRS § 235.200 Required equipment -- Prohibition against operation without required equipment
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equipment. (1) Every vessel shall have aboard: (a) Personal floatation devices of the type and quantity as prescribed by the United States Coast Guard; (b) When in operation during hours of darkness, or during times of poor visibility, such lights as prescribed by administrative …
KRS § 235.203 Flotation device for child under twelve on moving boat -- Exceptions
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(1) All persons under twelve (12) years of age in an open boat or on an open deck of a vessel being used for recreational purposes on the waters of this state shall wear a personal flotation device approved by the United States Coast Guard while the vessel is underway. Any person…
KRS § 235.205 Use of sirens and flashing blue lights restricted
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No vessel equipped with a siren or a flashing, rotating, or oscillating blue light may be operated upon waterways of this state except boats operated by the department or law- enforcement vessels of any law-enforcement agency of the Commonwealth having jurisdiction upon the water…
KRS § 235.210 Boats exempt from registration requirement
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(1) A motorboat shall not be required to be numbered under this chapter if it is: (a) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state; provided, that such boat shal…
KRS § 235.220 Manufacturer's and dealer's registration -- Suspension or revocation of license
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license. (1) Every manufacturer of or dealer in motorboats in this state shall register with the cabinet at Frankfort, Kentucky, and pay an annual registration fee as set by the department by administrative regulation. Upon receipt of this fee, the department shall issue to the m…
KRS § 235.230 Duties of boat marina owner
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(1) The owner of a boat marina shall keep a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat; the identification number thereof; and the departure time and date, and the expected time of …
KRS § 235.240 Prohibition of operation of boat negligently or while intoxicated or drugged -- Consent to test for alcohol or drugs -- Elements of operation under influence of alcohol or other substance
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drugged -- Consent to test for alcohol or drugs -- Elements of operation under influence of alcohol or other substance. (1) A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device, in a reckless or negligent manner so as to e…
KRS § 235.250 Duties of operator or owner in case of accident
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(1) It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to render to other persons affected by the collision, accident, or other casu…
KRS § 235.260 Status of accident reports
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All required accident reports and supplemental reports shall be without prejudice to the individual making them and shall be for the confidential use of the department, except that the department may disclose the identity of a person involved in an accident when his identity is n…
KRS § 235.270 Giving information to federal government -- Agreements with qualified parties to accept inspections of marine sanitation devices
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parties to accept inspections of marine sanitation devices. (1) In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to KRS 235.250 shall be transmitted to sai…
KRS § 235.280 Regulation of use of waters -- Prohibitions related to wakeboats and wakesports
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wakesports. (1) Except as provided in subsection (2) of this section, the commissioner of the department, with approval of the Department of Fish and Wildlife Resources Commission, shall promulgate administrative regulations in accordance with KRS Chapter 13A to govern the fair, …
KRS § 235.285 Personal watercraft -- Use for towing -- Prohibitions on use without personal flotation device or self-circling capability -- General prohibitions of vessel operation -- Exceptions -- Supervision of minors
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personal flotation device or self-circling capability -- General prohibitions of vessel operation -- Exceptions -- Supervision of minors. (1) A personal watercraft may be used to tow individuals engaged in waterskiing or similar activities if it has adequate seating capacity and …
KRS § 235.287 Prohibition areas on lake waters at drinking water intakes -- Exemption
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(1) If a water supply system requests and receives authorization from the Division of Water to designate a prohibition area, no vessel on lake waters of this state shall moor or anchor within one hundred (100) feet of a drinking water intake unless an extension of the area of pro…
KRS § 235.290 Regulation of boat races and similar activities
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(1) The department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions involving more than one hundred (100) boats on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning th…
KRS § 235.300 Civil liability for negligent operation
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The operator of a vessel or motorboat shall be liable for any injury or damage occasioned by the negligent operation of such vessel or motorboat, whether such negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe such ordinary…
KRS § 235.310 Enforcement -- Powers and status of division employees -- Use of radio communication equipment
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communication equipment. (1) The commissioner of the Department of Fish and Wildlife Resources shall designate officers and employees of the department to enforce the provisions of this chapter, and these officers when duly authorized by the commissioner shall have the general po…
KRS § 235.312 Annual report on law enforcement officer training and changes in law enforcement practices and interactions with public
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enforcement practices and interactions with public. On or before October 31 of each year, the Department of Fish and Wildlife Resources shall submit a report to the Legislative Research Commission, for referral to the appropriate interim joint committee, detailing the continued t…
KRS § 235.315 Citation for violation committed in presence of officer
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If the violation of any section of this chapter or regulation promulgated thereunder is committed in the presence of the officer, the officer may, in lieu of making a physical arrest, issue a citation requiring the defendant to appear before the District Court of the county in wh…
KRS § 235.330 Moneys collected to be credited to the fish and game fund and not to be commingled
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commingled. All moneys collected under the provisions of KRS 235.080, 235.130, and 235.220, except that specified for distribution to the county clerks or Transportation Cabinet, shall be paid into the State Treasury in the manner prescribed by law and credited to a special fund …
KRS § 235.410 Definitions for KRS 235.410 to 235.470
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As used in KRS 235.410 to 235.470, unless the context clearly indicates otherwise, the following words shall have the following meanings: (1) "Houseboat" means any recreational or pleasure-type vessel, including, but not limited to, cruisers, yachts, or runabouts equipped with a …
KRS § 235.420 Discharge of sewage from vessels to water prohibited -- Exception
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No person shall discharge or permit from any vessel the discharge of sewage, industrial wastes or other wastes to the waters of the Commonwealth except for state waters into which discharges are allowed under federal law.
KRS § 235.430 Allowing sewage from houseboat to reach water prohibited -- Exception
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No person shall dispose of sewage accumulated in a holding tank, a marine sanitation device, or other similar container on a houseboat in a manner that the sewage reaches or may reach the waters of the Commonwealth except for state waters into which discharges are allowed under f…
KRS § 235.440 Houseboat with marine toilet to have marine sanitation device
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No houseboat equipped with marine toilet facilities shall be on the waters of the Commonwealth unless the houseboat is equipped with a marine sanitation device.
KRS § 235.990 Penalties
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(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 …
KRS § 235.999 Disposition of fines
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Sixty percent (60%) of a fine imposed for the violation of this chapter or KRS Chapter 150 shall, when collected, be paid into the game and fish fund.
KRS § 235.9995 Prepayment of fines subject to certain conditions
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(1) All offenses classified as violations under this chapter shall be prepayable except for: (a) Violations of KRS 235.240 and 235.285; (b) An offense where evidence of the commission of the offense or another offense was seized and the citation is so marked and a court date set;…