Quote:
Originally Posted by Winnipesaukee
... Does an MPO who believes he sees a light in violation (and he is given a LOT of discretion with this law) think he can tie up to a landowner's dock, walk on his property, knock on the door of the house, and issue a citation? This seems to me to be well out of the jurisdiction of the NHMP...
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RSA 270:12-a. I, (a) gives the Director of the Division of Safety Services or his duly authorized representatives (NHMP Officers) that exact power.
However I think that in actuality most folks would be warned that the particular lighting was in violation and given an opportunity to fix the problem and a citation would probably only be issued in a case of refusal to comply or gross negligence.
One thing to remember is the civil liability inherent in this issue. There is a statute that prohibits this type of lighting. But if someone gets in an accident and claims that they were confused or misled by a lighting display, the property owner could easily find themselves liable in civil court.
With that in mind I would think that a property owner would welcome a visit and warning by a NHMP Officer if they have lighting that could cause issues.
And as the LT stated in his post, a call to the good folks at NHMP can clear up any confusion or answer specific questions in reference to this particular issue!
