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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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