As Reported by the House Agriculture and 1
Natural Resources Committee 2
122nd General Assembly 5
Regular Session Am. H. B. No. 101 6
1997-1998 7
REPRESENTATIVES KASPUTIS-OLMAN 9
11
A B I L L
To amend section 1547.30 of the Revised Code to 13
authorize the owner of a private dock to order 14
the towing of any vessel found moored, anchored, 15
or tied there without permission. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 1547.30 of the Revised Code be 19
amended to read as follows: 20
Sec. 1547.30. (A) As used in this section and sections 29
1547.301, 1547.302, and 1547.304 of the Revised Code: 30
(1) "Vessel or outboard motor" excludes an abandoned junk 32
vessel or outboard motor, as defined in section 1547.303 of the 33
Revised Code, or any watercraft or outboard motor under section 34
4585.31 of the Revised Code. 35
(2) "Law enforcement agency" means any organization or 37
unit comprised of law enforcement officers, as defined in section 39
2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a 41
municipal corporation, township, or township police district, or 42
other chief of a law enforcement agency, within the sheriff's or 43
chief's respective territorial jurisdiction, upon complaint of 44
any person adversely affected, may order into storage any vessel 45
or outboard motor that has been left on private property, OTHER 46
THAN A PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE, for at 47
least seventy-two hours without the permission of the person 48
having the right to the possession of the property. The sheriff 49
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or chief, upon complaint of the owner of a marine repair facility 50
or place of storage, may order into storage any vessel or 51
outboard motor that has been left at the facility or place of 52
storage for a longer period than that agreed upon. The place of 53
storage shall be designated by the sheriff or chief. When 54
ordering a vessel or motor into storage under this division 55
(B)(1) OF THIS SECTION, a sheriff or chief shall, whenever 57
possible, SHALL arrange for the removal of the vessel or motor by 58
a private tow truck operator or towing company. Subject
(2)(a) EXCEPT AS PROVIDED IN DIVISION (B)(2)(d) OF THIS 61
SECTION, NO PERSON, WITHOUT THE CONSENT OF THE OWNER OR OTHER 62
PERSON AUTHORIZED TO GIVE CONSENT, SHALL MOOR, ANCHOR, OR TIE A 63
VESSEL AT A PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE OWNED 64
BY ANOTHER PERSON IF THE OWNER HAS POSTED, IN A CONSPICUOUS 65
MANNER, A PROHIBITION AGAINST THE MOORING, ANCHORING, OR TYING OF 66
VESSELS AT THE DOCK, FACILITY, OR STRUCTURE BY ANY PERSON NOT
HAVING THE CONSENT OF THE OWNER OR OTHER PERSON AUTHORIZED TO 67
GIVE CONSENT.
(b) IF THE OWNER OF A PRIVATE DOCK OR MOORING FACILITY OR 69
STRUCTURE HAS POSTED AT THE DOCK, FACILITY, OR STRUCTURE, IN A 70
CONSPICUOUS MANNER, CONDITIONS AND REGULATIONS UNDER WHICH THE 71
MOORING, ANCHORING, OR TYING OF VESSELS IS PERMITTED AT THE DOCK, 72
FACILITY, OR STRUCTURE, NO PERSON, EXCEPT AS PROVIDED IN DIVISION 73
(B)(2)(d) OF THIS SECTION, SHALL MOOR, ANCHOR, OR TIE A VESSEL AT 75
THE DOCK, FACILITY, OR STRUCTURE IN VIOLATION OF THE POSTED 76
CONDITIONS AND REGULATIONS.
(c) THE OWNER OF A PRIVATE DOCK OR MOORING FACILITY OR 78
STRUCTURE MAY ORDER TOWED INTO STORAGE ANY VESSEL FOUND MOORED, 79
ANCHORED, OR TIED IN VIOLATION OF DIVISION (B)(2)(a) OR (b) OF 81
THIS SECTION, PROVIDED THAT THE OWNER OF THE DOCK, FACILITY, OR 82
STRUCTURE POSTS ON IT A RECTANGULAR SIGN THAT IS AT LEAST 83
EIGHTEEN INCHES BY TWENTY-FOUR INCHES IN SIZE, STATES THAT THE 84
DOCK, FACILITY, OR STRUCTURE IS PRIVATE, IS VISIBLE FROM ALL 85
ENTRANCES TO THE DOCK, FACILITY, OR STRUCTURE, AND CONTAINS ALL 86
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OF THE FOLLOWING INFORMATION:
(i) THE INFORMATION SPECIFIED IN DIVISION (B)(2)(a) OR (b) 89
OF THIS SECTION, AS APPLICABLE; 90
(ii) A NOTICE THAT VIOLATORS WILL BE TOWED AND THAT 92
VIOLATORS ARE RESPONSIBLE FOR PAYING THE COST OF THE TOWING; 93
(iii) THE TELEPHONE NUMBER OF THE PERSON FROM WHOM A TOWED 95
VESSEL MAY BE RECOVERED, AND THE ADDRESS OF THE PLACE TO WHICH 96
THE VESSEL WILL BE TAKEN AND THE PLACE FROM WHICH IT MAY BE 97
RECOVERED.
SIGNS DESCRIBED IN DIVISION (B)(2)(c) OF THIS SECTION 100
SHALL BE OF A UNIFORM COLOR THROUGHOUT THE STATE.
(d) DIVISIONS (B)(2)(a) AND (b) OF THIS SECTION DO NOT 104
PROHIBIT A PERSON FROM MOORING, ANCHORING, OR TYING A VESSEL AT A 105
PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE IF EITHER OF THE
FOLLOWING APPLIES: 106
(i) THE VESSEL IS DISABLED DUE TO A MECHANICAL OR 108
STRUCTURAL MALFUNCTION, PROVIDED THAT THE PERSON IMMEDIATELY 109
REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR STRUCTURE WHEN THE 110
MALFUNCTION IS CORRECTED OR WHEN A REASONABLE ATTEMPT HAS BEEN 111
MADE TO CORRECT IT;
(ii) WEATHER CONDITIONS ARE CREATING AN IMMINENT THREAT TO 113
SAFE OPERATION OF THE VESSEL, PROVIDED THAT THE PERSON 114
IMMEDIATELY REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR 115
STRUCTURE WHEN THE WEATHER CONDITIONS PERMIT SAFE OPERATION OF 116
THE VESSEL.
(e) A PERSON WHOSE VESSEL IS TOWED INTO STORAGE UNDER 118
DIVISION (B)(2)(c) OF THIS SECTION EITHER SHALL PAY THE COSTS OF 120
THE TOWING OF THE VESSEL OR SHALL REIMBURSE THE OWNER OF THE DOCK
OR MOORING FACILITY OR STRUCTURE FOR THE COSTS THAT THE OWNER 121
INCURS IN TOWING THE VESSEL. 122
(3) SUBJECT to division (C) of this section, the owner of 125
a vessel or motor that has been removed under this division (B) 126
OF THIS SECTION may recover the vessel or motor only in 128
accordance with division (F) of this section.
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(C) If the owner or operator of a vessel or outboard motor 130
that has been ordered into storage under division (B) of this 131
section arrives after the vessel or motor has been prepared for 132
removal, but prior to its actual removal from the property, the 133
owner or operator shall be given the opportunity to pay a fee of 134
not more than one-half of the charge for the removal of vessels 135
or motors under division (B) of this section that normally is 136
assessed by the person who has prepared the vessel or motor for 137
removal, in order to obtain release of the vessel or motor. Upon 138
payment of that fee, the vessel or motor shall be released to the 139
owner or operator, and upon its release, the owner or operator 140
immediately shall move it so that it is not on the private 141
property without the permission of the person having the right to 142
possession of the property, or is not at the facility or place of 143
storage without the permission of the owner, whichever is 144
applicable. 145
(D) Each county sheriff, each chief of police of a 147
municipal corporation, township, or township police district, and 148
each other chief of a law enforcement agency shall maintain a 149
record of vessels or outboard motors that are ordered into 151
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 153
the vessel's hull identification number or serial number, if any, 154
the vessel's or motor's make, model, and color, the location from 155
which it was removed, the date and time of its removal, the 156
telephone number of the person from whom it may be recovered, and 157
the address of the place to which it has been taken and from 158
which it may be recovered. Any information in the record that 159
pertains to a particular vessel or motor shall be provided to any 160
person who, pursuant to a statement the person makes either in 161
person or by telephone, is identified as the owner or operator of 163
the vessel or motor and requests information pertaining to its
location. 164
(E) Any person who registers a complaint that is the basis 166
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of a sheriff's or chief's order for the removal and storage of a 167
vessel or outboard motor under division (B)(1) of this section 168
shall provide the identity of the law enforcement agency with 169
which the complaint was registered to any person who, pursuant to 171
a statement the person makes, is identified as the owner or 172
operator of the vessel or motor and requests information 173
pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is 175
ordered into storage under division (B) of this section may 176
reclaim it upon payment of any expenses or charges incurred in 177
its removal, in an amount not to exceed two hundred dollars, and 178
storage, in an amount not to exceed five dollars per twenty-four 179
hour period, and upon presentation of proof of ownership, which 180
may be evidenced by a certificate of title to the vessel or 181
motor, certificate of United States coast guard documentation, or 182
certificate of registration if the vessel or motor is not subject 183
to titling under section 1548.01 of the Revised Code. If 185
(2) IF a vessel or OUTBOARD motor that is ordered into 186
storage under division (B)(1) of this section remains unclaimed 188
by the owner for thirty days, the procedures established by 189
sections 1547.301 and 1547.302 of the Revised Code shall apply. 190
(3) IN THE CASE OF A VESSEL OR OUTBOARD MOTOR ORDERED INTO 192
STORAGE UNDER DIVISION (B)(2) OF THIS SECTION, THE TOW TRUCK 194
OPERATOR OR TOWING COMPANY THAT REMOVED THE VESSEL OR OUTBOARD
MOTOR, NOT LATER THAN SEVENTY-TWO HOURS AFTER THE VESSEL OR 195
OUTBOARD MOTOR IS STORED, SHALL PROVIDE NOTICE OF THE REMOVAL AND 196
STORAGE TO THE SHERIFF OF A COUNTY, CHIEF OF POLICE OF A 197
MUNICIPAL CORPORATION, TOWNSHIP, OR TOWNSHIP POLICE DISTRICT, OR 198
OTHER CHIEF OF A LAW ENFORCEMENT AGENCY WITHIN WHOSE TERRITORIAL 199
JURISDICTION THE VESSEL OR OUTBOARD MOTOR HAD BEEN MOORED,
ANCHORED, OR TIED IN VIOLATION OF DIVISION (B)(2) OF THIS 201
SECTION. THE NOTICE SHALL BE IN WRITING AND INCLUDE THE VESSEL'S 202
HULL IDENTIFICATION NUMBER OR SERIAL NUMBER, IF ANY, THE VESSEL'S 203
OR OUTBOARD MOTOR'S MAKE, MODEL, AND COLOR, THE LOCATION FROM 204
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WHICH IT WAS REMOVED, THE DATE AND TIME OF ITS REMOVAL, THE
TELEPHONE NUMBER OF THE PERSON FROM WHOM IT MAY BE RECOVERED, AND 205
THE ADDRESS OF THE PLACE TO WHICH IT HAS BEEN TAKEN AND FROM 206
WHICH IT MAY BE RECOVERED. 207
UPON RECEIPT OF THE NOTICE, THE SHERIFF OR CHIEF 209
IMMEDIATELY SHALL CAUSE A SEARCH TO BE MADE OF THE RECORDS OF THE 210
DIVISION OF WATERCRAFT TO ASCERTAIN THE OWNER AND ANY LIENHOLDER 211
OF THE VESSEL OR OUTBOARD MOTOR, AND, IF KNOWN, SHALL SEND NOTICE 212
TO THE OWNER AND LIENHOLDER, IF ANY, AT THE OWNER'S AND
LIENHOLDER'S LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN RECEIPT 213
REQUESTED, THAT THE VESSEL OR OUTBOARD MOTOR WILL BE DECLARED A 214
NUISANCE AND DISPOSED OF IF NOT CLAIMED NOT LATER THAN THIRTY 215
DAYS AFTER THE DATE OF THE MAILING OF THE NOTICE. 216
IF THE OWNER OR LIENHOLDER MAKES NO CLAIM TO THE VESSEL OR 218
OUTBOARD MOTOR WITHIN THIRTY DAYS OF THE DATE OF THE MAILING OF 219
THE NOTICE, THE SHERIFF OR CHIEF SHALL FILE WITH THE CLERK OF 220
COURTS OF THE COUNTY IN WHICH THE PLACE OF STORAGE IS LOCATED AN 221
AFFIDAVIT SHOWING COMPLIANCE WITH THE REQUIREMENTS OF DIVISION 222
(F)(3) OF THIS SECTION, AND THE VESSEL OR OUTBOARD MOTOR SHALL BE 223
DISPOSED OF IN ACCORDANCE WITH SECTION 1547.302 OF THE REVISED 225
CODE.
(G) No person shall remove, or cause the removal of, any 227
vessel or outboard motor from private property other than in 228
accordance with division (B) of this section or section 1547.301 229
of the Revised Code. 230
Section 2. That existing section 1547.30 of the Revised 232
Code is hereby repealed. 233