As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                              Am. H. B. No. 101  5            

      1997-1998                                                    6            


 REPRESENTATIVES KASPUTIS-OLMAN-BATEMAN-CALLENDER-GARCIA-HAINES    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 RECTANGULAR SIGN THAT IS AT LEAST          82           

EIGHTEEN INCHES BY TWENTY-FOUR INCHES IN SIZE, STATES THAT THE     83           

DOCK, FACILITY, OR STRUCTURE IS PRIVATE, IS VISIBLE FROM ALL       84           

ENTRANCES TO THE DOCK, FACILITY, OR STRUCTURE, AND CONTAINS ALL    85           

OF THE FOLLOWING INFORMATION:                                                   

                                                          3      

                                                                 
      (i)  THE INFORMATION SPECIFIED IN DIVISION (B)(2)(a) OR (b)  88           

OF THIS SECTION, AS APPLICABLE;                                    89           

      (ii)  A NOTICE THAT VIOLATORS WILL BE TOWED AND THAT         91           

VIOLATORS ARE RESPONSIBLE FOR PAYING THE COST OF THE TOWING;       92           

      (iii)  THE TELEPHONE NUMBER OF THE PERSON FROM WHOM A TOWED  94           

VESSEL MAY BE RECOVERED, AND THE ADDRESS OF THE PLACE TO WHICH     95           

THE VESSEL WILL BE TAKEN AND THE PLACE FROM WHICH IT MAY BE        96           

RECOVERED.                                                                      

        SIGNS DESCRIBED IN DIVISION (B)(2)(c) OF THIS SECTION      99           

SHALL BE OF A UNIFORM COLOR THROUGHOUT THE STATE.                               

      (d)  DIVISIONS (B)(2)(a) AND (b) OF THIS SECTION DO NOT      103          

PROHIBIT A PERSON FROM MOORING, ANCHORING, OR TYING A VESSEL AT A  104          

PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE IF EITHER OF THE                  

FOLLOWING APPLIES:                                                 105          

      (i)  THE VESSEL IS DISABLED DUE TO A MECHANICAL OR           107          

STRUCTURAL MALFUNCTION, PROVIDED THAT THE PERSON IMMEDIATELY       108          

REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR STRUCTURE WHEN THE  109          

MALFUNCTION IS CORRECTED OR WHEN A REASONABLE ATTEMPT HAS BEEN     110          

MADE TO CORRECT IT;                                                             

      (ii)  WEATHER CONDITIONS ARE CREATING AN IMMINENT THREAT TO  112          

SAFE OPERATION OF THE VESSEL, PROVIDED THAT THE PERSON             113          

IMMEDIATELY REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR         114          

STRUCTURE WHEN THE WEATHER CONDITIONS PERMIT SAFE OPERATION OF     115          

THE VESSEL.                                                                     

      (e)  A PERSON WHOSE VESSEL IS TOWED INTO STORAGE UNDER       117          

DIVISION (B)(2)(c) OF THIS SECTION EITHER SHALL PAY THE COSTS OF   119          

THE TOWING OF THE VESSEL OR SHALL REIMBURSE THE OWNER OF THE DOCK               

OR MOORING FACILITY OR STRUCTURE FOR THE COSTS THAT THE OWNER      120          

INCURS IN TOWING THE VESSEL.                                       121          

      (3)  SUBJECT to division (C) of this section, the owner of   124          

a vessel or motor that has been removed under this division (B)    125          

OF THIS SECTION may recover the vessel or motor only in            127          

accordance with division (F) of this section.                                   

      (C)  If the owner or operator of a vessel or outboard motor  129          

                                                          4      

                                                                 
that has been ordered into storage under division (B) of this      130          

section arrives after the vessel or motor has been prepared for    131          

removal, but prior to its actual removal from the property, the    132          

owner or operator shall be given the opportunity to pay a fee of   133          

not more than one-half of the charge for the removal of vessels    134          

or motors under division (B) of this section that normally is      135          

assessed by the person who has prepared the vessel or motor for    136          

removal, in order to obtain release of the vessel or motor.  Upon  137          

payment of that fee, the vessel or motor shall be released to the  138          

owner or operator, and upon its release, the owner or operator     139          

immediately shall move it so that it is not on the private         140          

property without the permission of the person having the right to  141          

possession of the property, or is not at the facility or place of  142          

storage without the permission of the owner, whichever is          143          

applicable.                                                        144          

      (D)  Each county sheriff, each chief of police of a          146          

municipal corporation, township, or township police district, and  147          

each other chief of a law enforcement agency shall maintain a      148          

record of vessels or outboard motors that are ordered into         150          

storage under division (B)(1) of this section.  The record shall                

include an entry for each such vessel or motor that identifies     152          

the vessel's hull identification number or serial number, if any,  153          

the vessel's or motor's make, model, and color, the location from  154          

which it was removed, the date and time of its removal, the        155          

telephone number of the person from whom it may be recovered, and  156          

the address of the place to which it has been taken and from       157          

which it may be recovered.  Any information in the record that     158          

pertains to a particular vessel or motor shall be provided to any  159          

person who, pursuant to a statement the person makes either in     160          

person or by telephone, is identified as the owner or operator of  162          

the vessel or motor and requests information pertaining to its                  

location.                                                          163          

      (E)  Any person who registers a complaint that is the basis  165          

of a sheriff's or chief's order for the removal and storage of a   166          

                                                          5      

                                                                 
vessel or outboard motor under division (B)(1) of this section     167          

shall provide the identity of the law enforcement agency with      168          

which the complaint was registered to any person who, pursuant to  170          

a statement the person makes, is identified as the owner or        171          

operator of the vessel or motor and requests information           172          

pertaining to its location.                                                     

      (F)(1)  The owner of a vessel or outboard motor that is      174          

ordered into storage under division (B) of this section may        175          

reclaim it upon payment of any expenses or charges incurred in     176          

its removal, in an amount not to exceed two hundred dollars, and   177          

storage, in an amount not to exceed five dollars per               179          

twenty-four-hour period, and upon presentation of proof of                      

ownership, which may be evidenced by a certificate of title to     181          

the vessel or motor, certificate of United States coast guard      182          

documentation, or certificate of registration if the vessel or     183          

motor is not subject to titling under section 1548.01 of the       184          

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          

                                                          6      

                                                                 
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