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
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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:
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(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
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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
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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
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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