(625 ILCS 45/2-2)
(from Ch. 95 1/2, par. 312-2)
Inspection; removal; impoundment.
(a) Agents of the Department or other duly
authorized police officers may board and inspect any boat at any time for
the purpose of determining if this Act is being complied with. If the
boarding officer or agent discovers any violation of this Act, he may issue
a summons to the operator of the boat requiring that the operator appear
before the circuit court for the county within which the offense was committed.
(b) Every vessel subject to this Act, if under way and upon being hailed by
a designated law enforcement officer, must stop immediately and lay to.
(c) Agents of the Department and other duly authorized police officers
may enforce all federal laws and regulations which have been mutually
agreed upon by the federal and state governments and are applicable to the
operation of watercraft on navigable waters and federal impoundments where
concurrent jurisdiction exists between the federal and state governments.
(d) Agents of the Department and other duly authorized police officers
may seize and impound, at the owner's or operator's expense, any
watercraft involved in a boating accident or a violation of Section 3A-21,
5-1, 5-2, or 5-16 of this Act.
(e) If a watercraft is causing a traffic hazard because of its position on
a waterway or its physical appearance is causing the impeding of traffic, its
immediate removal from the waterway by a towing service may be authorized by
a law enforcement agency having jurisdiction.
(f) Whenever a peace officer reasonably believes that a person under
arrest for a violation of Section 5-1, 5-2 or 5-16 of this Act or similar
provision of a local ordinance, is likely, upon release, to commit a subsequent
violation of Section 5-1, 5-2 or 5-16 or a similar provision of a local
ordinance, the arresting officer shall have the watercraft which the person was
operating at the time of the arrest impounded for a period of not more than 12
hours after the time of the arrest. The watercraft may be released by the
arresting law enforcement agency without impoundment, or may be released prior
to the end of the impoundment period, however, if:
(1) the watercraft was not owned by the person under
arrest, and the lawful owner requesting release possesses proof of ownership, and would not, as determined by the arresting law enforcement agency: (i) indicate a lack of ability to operate a watercraft in a safe manner, or (ii) otherwise, by operating the watercraft, be in violation of this Act; or
(2) the watercraft is owned by the person under
arrest, and the person under arrest gives permission to another person to operate the watercraft, and the other person would not, as determined by the arresting law enforcement agency: (i) indicate a lack of ability to operate a watercraft in a safe manner, or (ii) otherwise, by operating the watercraft, be in violation of this Act.
(Source: P.A. 93-156, eff. 1-1-04.)