Montana § 80-7-1019 Enforcement

Montana Statutes

§ 80-7-1019 — Enforcement

Montana § 80-7-1019

Title 80AGRICULTURE

Ch. 7DISEASE, PEST, AND WEED CONTROL

Part 10Aquatic Invasive Species

This text of Montana § 80-7-1019 (Enforcement) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 80-7-1019 (2026).

Text

80-7-1019 . Enforcement.

(1)Except as provided in subsection (2), a peace officer, as defined in 45-2-101 , may:

(a)stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;

(b)upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:

(i)the peace officer obtains a search warrant, as defined in 46-1-202 ; or

(ii)the v

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80-7-1019 . Enforcement. (1) Except as provided in subsection (2), a peace officer, as defined in 45-2-101 , may:
(a) stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;
(b) upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:
(i) the peace officer obtains a search warrant, as defined in 46-1-202 ; or
(ii) the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008 (3)(b)(i) or rules adopted under 80-7-1007 .
(c) cite a person for a violation of this part.
(2) (a) A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010 (2) and 80-7-1015 (7) to stop except on reasonable cause to believe:
(i) that the driver violated a traffic regulation or another provision of this part; or
(ii) that the driver's vehicle is unsafe or not equipped as required by law.
(b) A driver found to be in violation of 80-7-1010 (2) or 80-7-1015 (7) may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.