As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 101 5
1997-1998 6
REPRESENTATIVES KASPUTIS-OLMAN 8
10
A B I L L
To amend section 1547.30 of the Revised Code to 12
authorize the owner of a private dock to order 13
the towing of any vessel found moored, anchored, 14
or tied there without permission. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 1547.30 of the Revised Code be 18
amended to read as follows: 19
Sec. 1547.30. (A) As used in this section and sections 28
1547.301, 1547.302, and 1547.304 of the Revised Code: 29
(1) "Vessel or outboard motor" excludes an abandoned junk 31
vessel or outboard motor, as defined in section 1547.303 of the 32
Revised Code, or any watercraft or outboard motor under section 33
4585.31 of the Revised Code. 34
(2) "Law enforcement agency" means any organization or 36
unit comprised of law enforcement officers, as defined in section 38
2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a 40
municipal corporation, township, or township police district, or 41
other chief of a law enforcement agency, within the sheriff's or 42
chief's respective territorial jurisdiction, upon complaint of 43
any person adversely affected, may order into storage any vessel 44
or outboard motor that has been left on private property, OTHER 45
THAN A PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE, for at 46
least seventy-two hours without the permission of the person 47
having the right to the possession of the property. The sheriff 48
or chief, upon complaint of the owner of a marine repair facility 49
2
or place of storage, may order into storage any vessel or 50
outboard motor that has been left at the facility or place of 51
storage for a longer period than that agreed upon. The place of 52
storage shall be designated by the sheriff or chief. When 53
ordering a vessel or motor into storage under this division 54
(B)(1) OF THIS SECTION, a sheriff or chief shall, whenever 56
possible, SHALL arrange for the removal of the vessel or motor by 57
a private tow truck operator or towing company. Subject
(2)(a) EXCEPT AS PROVIDED IN DIVISION (B)(2)(d) OF THIS 60
SECTION, NO PERSON, WITHOUT THE CONSENT OF THE OWNER OR OTHER 61
PERSON AUTHORIZED TO GIVE CONSENT, SHALL MOOR, ANCHOR, OR TIE A 62
VESSEL AT A PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE OWNED 63
BY ANOTHER PERSON IF THE OWNER HAS POSTED, IN A CONSPICUOUS 64
MANNER, A PROHIBITION AGAINST THE MOORING, ANCHORING, OR TYING OF 65
VESSELS AT THE DOCK, FACILITY, OR STRUCTURE BY ANY PERSON NOT
HAVING THE CONSENT OF THE OWNER OR OTHER PERSON AUTHORIZED TO 66
GIVE CONSENT.
(b) IF THE OWNER OF A PRIVATE DOCK OR MOORING FACILITY OR 68
STRUCTURE HAS POSTED AT THE DOCK, FACILITY, OR STRUCTURE, IN A 69
CONSPICUOUS MANNER, CONDITIONS AND REGULATIONS UNDER WHICH THE 70
MOORING, ANCHORING, OR TYING OF VESSELS IS PERMITTED AT THE DOCK, 71
FACILITY, OR STRUCTURE, NO PERSON, EXCEPT AS PROVIDED IN DIVISION 72
(B)(2)(d) OF THIS SECTION, SHALL MOOR, ANCHOR, OR TIE A VESSEL AT 74
THE DOCK, FACILITY, OR STRUCTURE IN VIOLATION OF THE POSTED 75
CONDITIONS AND REGULATIONS.
(c) THE OWNER OF A PRIVATE DOCK OR MOORING FACILITY OR 77
STRUCTURE MAY ORDER TOWED INTO STORAGE ANY VESSEL FOUND MOORED, 78
ANCHORED, OR TIED IN VIOLATION OF DIVISION B)(2)(a) OR (b) OF 80
THIS SECTION, PROVIDED THAT THE OWNER OF THE DOCK, FACILITY, OR 81
STRUCTURE POSTS ON IT A SIGN THAT IS AT LEAST EIGHTEEN INCHES BY 82
TWENTY-FOUR INCHES IN SIZE, IS VISIBLE FROM ALL ENTRANCES TO THE 83
DOCK, FACILITY, OR STRUCTURE, AND CONTAINS ALL OF THE FOLLOWING 84
INFORMATION:
(i) THE INFORMATION SPECIFIED IN DIVISION (B)(2)(a) OR (b) 87
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OF THIS SECTION, AS APPLICABLE; 88
(ii) A NOTICE THAT VIOLATORS WILL BE TOWED AND THAT 90
VIOLATORS ARE RESPONSIBLE FOR PAYING THE COST OF THE TOWING; 91
(iii) THE TELEPHONE NUMBER OF THE PERSON FROM WHOM A TOWED 93
VESSEL MAY BE RECOVERED, AND THE ADDRESS OF THE PLACE TO WHICH 94
THE VESSEL WILL BE TAKEN AND THE PLACE FROM WHICH IT MAY BE 95
RECOVERED.
(d) DIVISIONS (B)(2)(a) AND (b) OF THIS SECTION DO NOT 99
PROHIBIT A PERSON FROM MOORING, ANCHORING, OR TYING A VESSEL AT A 100
PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE IF EITHER OF THE
FOLLOWING APPLIES: 101
(i) THE VESSEL IS DISABLED DUE TO A MECHANICAL OR 103
STRUCTURAL MALFUNCTION, PROVIDED THAT THE PERSON IMMEDIATELY 104
REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR STRUCTURE WHEN THE 105
MALFUNCTION IS CORRECTED OR WHEN A REASONABLE ATTEMPT HAS BEEN 106
MADE TO CORRECT IT;
(ii) WEATHER CONDITIONS ARE CREATING AN IMMINENT THREAT TO 108
SAFE OPERATION OF THE VESSEL, PROVIDED THAT THE PERSON 109
IMMEDIATELY REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR 110
STRUCTURE WHEN THE WEATHER CONDITIONS PERMIT SAFE OPERATION OF 111
THE VESSEL.
(e) A PERSON WHOSE VESSEL IS TOWED INTO STORAGE UNDER 113
DIVISION (B)(2)(c) OF THIS SECTION EITHER SHALL PAY THE COSTS OF 115
THE TOWING OF THE VESSEL OR SHALL REIMBURSE THE OWNER OF THE DOCK
OR MOORING FACILITY OR STRUCTURE FOR THE COSTS THAT THE OWNER 116
INCURS IN TOWING THE VESSEL. 117
(3) SUBJECT to division (C) of this section, the owner of 120
a vessel or motor that has been removed under this division (B) 121
OF THIS SECTION may recover the vessel or motor only in 123
accordance with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor 125
that has been ordered into storage under division (B) of this 126
section arrives after the vessel or motor has been prepared for 127
removal, but prior to its actual removal from the property, the 128
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owner or operator shall be given the opportunity to pay a fee of 129
not more than one-half of the charge for the removal of vessels 130
or motors under division (B) of this section that normally is 131
assessed by the person who has prepared the vessel or motor for 132
removal, in order to obtain release of the vessel or motor. Upon 133
payment of that fee, the vessel or motor shall be released to the 134
owner or operator, and upon its release, the owner or operator 135
immediately shall move it so that it is not on the private 136
property without the permission of the person having the right to 137
possession of the property, or is not at the facility or place of 138
storage without the permission of the owner, whichever is 139
applicable. 140
(D) Each county sheriff, each chief of police of a 142
municipal corporation, township, or township police district, and 143
each other chief of a law enforcement agency shall maintain a 144
record of vessels or outboard motors that are ordered into 146
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 148
the vessel's hull identification number or serial number, if any, 149
the vessel's or motor's make, model, and color, the location from 150
which it was removed, the date and time of its removal, the 151
telephone number of the person from whom it may be recovered, and 152
the address of the place to which it has been taken and from 153
which it may be recovered. Any information in the record that 154
pertains to a particular vessel or motor shall be provided to any 155
person who, pursuant to a statement the person makes either in 156
person or by telephone, is identified as the owner or operator of 158
the vessel or motor and requests information pertaining to its
location. 159
(E) Any person who registers a complaint that is the basis 161
of a sheriff's or chief's order for the removal and storage of a 162
vessel or outboard motor under division (B)(1) of this section 163
shall provide the identity of the law enforcement agency with 164
which the complaint was registered to any person who, pursuant to 166
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a statement the person makes, is identified as the owner or 167
operator of the vessel or motor and requests information 168
pertaining to its location.
(F) The owner of a vessel or outboard motor that is 170
ordered into storage under division (B) of this section may 171
reclaim it upon payment of any expenses or charges incurred in 172
its removal, in an amount not to exceed two hundred dollars, and 173
storage, in an amount not to exceed five dollars per twenty-four 174
hour period, and upon presentation of proof of ownership, which 175
may be evidenced by a certificate of title to the vessel or 176
motor, certificate of United States coast guard documentation, or 177
certificate of registration if the vessel or motor is not subject 178
to titling under section 1548.01 of the Revised Code. If a 179
vessel or motor that is ordered into storage under division (B) 180
of this section remains unclaimed by the owner for thirty days, 181
the procedures established by sections 1547.301 and 1547.302 of 182
the Revised Code shall apply. 183
(G) No person shall remove, or cause the removal of, any 185
vessel or outboard motor from private property other than in 186
accordance with division (B) of this section or section 1547.301 187
of the Revised Code. 188
Section 2. That existing section 1547.30 of the Revised 190
Code is hereby repealed. 191