Montana Code 23-2-641. Enforcement
23-2-641. Enforcement. (1) With respect to the sale of any new snowmobile that is subject to the provisions of this part, the attorney general shall, upon the request of the department, sue for the recovery of the penalties provided in 23-2-642 and bring an action for a restraining order or temporary or permanent injunction against a person who sells or offers to sell a new snowmobile that does not satisfy the sound level limitations imposed by this part.
Terms Used In Montana Code 23-2-641
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the department of fish, wildlife, and parks of the state of Montana. See Montana Code 23-2-601
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- New snowmobile: means a snowmobile that has not been previously sold to an owner. See Montana Code 23-2-601
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: means an individual, partnership, association, corporation, and any other body or group of persons, regardless of the degree of formal organization. See Montana Code 23-2-601
- Snowmobile: means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, designed for travel on snow or ice, that may be steered by skis or runners and that is not otherwise registered or licensed under the laws of the state of Montana. See Montana Code 23-2-601
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the power:
(i)of search, seizure, and arrest;
(ii)to investigate activities in this state regulated by this part and rules of the department and the fish and wildlife commission; and
(iii)to report violations to the county attorney of the county in which they occur.
(b)Sheriffs and their deputies of the various counties of the state, the Montana highway patrol, authorized officers of the department, and the police of each municipality shall enforce the provisions of this part.