As Reported by the Senate Energy, Natural Resources 1
and Environment Committee 2
122nd General Assembly 5
Regular Session Am. H. B. No. 101 6
1997-1998 7
REPRESENTATIVES KASPUTIS-OLMAN-BATEMAN-CALLENDER-GARCIA-HAINES 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
2
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 SIGN THAT STATES THAT THE DOCK, FACILITY, 84
OR STRUCTURE IS PRIVATE, IS VISIBLE FROM ALL ENTRANCES TO THE 85
DOCK, FACILITY, OR STRUCTURE, AND CONTAINS ALL OF THE FOLLOWING 86
INFORMATION:
3
(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.
(d) DIVISIONS (B)(2)(a) AND (b) OF THIS SECTION DO NOT 101
PROHIBIT A PERSON FROM MOORING, ANCHORING, OR TYING A VESSEL AT A 102
PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE IF EITHER OF THE
FOLLOWING APPLIES: 103
(i) THE VESSEL IS DISABLED DUE TO A MECHANICAL OR 105
STRUCTURAL MALFUNCTION, PROVIDED THAT THE PERSON IMMEDIATELY 106
REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR STRUCTURE WHEN THE 107
MALFUNCTION IS CORRECTED OR WHEN A REASONABLE ATTEMPT HAS BEEN 108
MADE TO CORRECT IT;
(ii) WEATHER CONDITIONS ARE CREATING AN IMMINENT THREAT TO 110
SAFE OPERATION OF THE VESSEL, PROVIDED THAT THE PERSON 111
IMMEDIATELY REMOVES THE VESSEL FROM THE DOCK, FACILITY, OR 112
STRUCTURE WHEN THE WEATHER CONDITIONS PERMIT SAFE OPERATION OF 113
THE VESSEL.
(e) A PERSON WHOSE VESSEL IS TOWED INTO STORAGE UNDER 115
DIVISION (B)(2)(c) OF THIS SECTION EITHER SHALL PAY THE COSTS OF 117
THE TOWING OF THE VESSEL OR SHALL REIMBURSE THE OWNER OF THE DOCK
OR MOORING FACILITY OR STRUCTURE FOR THE COSTS THAT THE OWNER 118
INCURS IN TOWING THE VESSEL. 119
(3) SUBJECT to division (C) of this section, the owner of 122
a vessel or motor that has been removed under this division (B) 123
OF THIS SECTION may recover the vessel or motor only in 125
accordance with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor 127
that has been ordered into storage under division (B) of this 128
section arrives after the vessel or motor has been prepared for 129
4
removal, but prior to its actual removal from the property, the 130
owner or operator shall be given the opportunity to pay a fee of 131
not more than one-half of the charge for the removal of vessels 132
or motors under division (B) of this section that normally is 133
assessed by the person who has prepared the vessel or motor for 134
removal, in order to obtain release of the vessel or motor. Upon 135
payment of that fee, the vessel or motor shall be released to the 136
owner or operator, and upon its release, the owner or operator 137
immediately shall move it so that it is not on the private 138
property without the permission of the person having the right to 139
possession of the property, or is not at the facility or place of 140
storage without the permission of the owner, whichever is 141
applicable. 142
(D) Each county sheriff, each chief of police of a 144
municipal corporation, township, or township police district, and 145
each other chief of a law enforcement agency shall maintain a 146
record of vessels or outboard motors that are ordered into 148
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 150
the vessel's hull identification number or serial number, if any, 151
the vessel's or motor's make, model, and color, the location from 152
which it was removed, the date and time of its removal, the 153
telephone number of the person from whom it may be recovered, and 154
the address of the place to which it has been taken and from 155
which it may be recovered. Any information in the record that 156
pertains to a particular vessel or motor shall be provided to any 157
person who, pursuant to a statement the person makes either in 158
person or by telephone, is identified as the owner or operator of 160
the vessel or motor and requests information pertaining to its
location. 161
(E) Any person who registers a complaint that is the basis 163
of a sheriff's or chief's order for the removal and storage of a 164
vessel or outboard motor under division (B)(1) of this section 165
shall provide the identity of the law enforcement agency with 166
5
which the complaint was registered to any person who, pursuant to 168
a statement the person makes, is identified as the owner or 169
operator of the vessel or motor and requests information 170
pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is 172
ordered into storage under division (B) of this section may 173
reclaim it upon payment of any expenses or charges incurred in 174
its removal, in an amount not to exceed two hundred dollars, and 175
storage, in an amount not to exceed five dollars per 177
twenty-four-hour period, and upon presentation of proof of
ownership, which may be evidenced by a certificate of title to 179
the vessel or motor, certificate of United States coast guard 180
documentation, or certificate of registration if the vessel or 181
motor is not subject to titling under section 1548.01 of the 182
Revised Code. If 183
(2) IF a vessel or OUTBOARD motor that is ordered into 184
storage under division (B)(1) of this section remains unclaimed 186
by the owner for thirty days, the procedures established by 187
sections 1547.301 and 1547.302 of the Revised Code shall apply. 188
(3) IF A VESSEL OR OUTBOARD MOTOR ORDERED INTO STORAGE 191
UNDER DIVISION (B)(2) OF THIS SECTION REMAINS UNCLAIMED FOR
SEVENTY-TWO HOURS AFTER BEING STORED, THE TOW TRUCK OPERATOR OR 193
TOWING COMPANY THAT REMOVED THE VESSEL OR OUTBOARD MOTOR SHALL 194
PROVIDE NOTICE OF THE REMOVAL AND STORAGE TO THE SHERIFF OF A
COUNTY, CHIEF OF POLICE OF A MUNICIPAL CORPORATION, TOWNSHIP, OR 195
TOWNSHIP POLICE DISTRICT, OR OTHER CHIEF OF A LAW ENFORCEMENT 196
AGENCY WITHIN WHOSE TERRITORIAL JURISDICTION THE VESSEL OR 197
OUTBOARD MOTOR HAD BEEN MOORED, ANCHORED, OR TIED IN VIOLATION OF 198
DIVISION (B)(2) OF THIS SECTION. THE NOTICE SHALL BE IN WRITING 200
AND INCLUDE THE VESSEL'S HULL IDENTIFICATION NUMBER OR SERIAL
NUMBER, IF ANY, THE VESSEL'S OR OUTBOARD MOTOR'S MAKE, MODEL, AND 201
COLOR, THE LOCATION FROM WHICH IT WAS REMOVED, THE DATE AND TIME 202
OF ITS REMOVAL, THE TELEPHONE NUMBER OF THE PERSON FROM WHOM IT 203
MAY BE RECOVERED, AND THE ADDRESS OF THE PLACE TO WHICH IT HAS 204
6
BEEN TAKEN AND FROM WHICH IT MAY BE RECOVERED. 205
UPON RECEIPT OF THE NOTICE, THE SHERIFF OR CHIEF 207
IMMEDIATELY SHALL CAUSE A SEARCH TO BE MADE OF THE RECORDS OF THE 208
DIVISION OF WATERCRAFT TO ASCERTAIN THE OWNER AND ANY LIENHOLDER 209
OF THE VESSEL OR OUTBOARD MOTOR, AND, IF KNOWN, SHALL SEND NOTICE 210
TO THE OWNER AND LIENHOLDER, IF ANY, AT THE OWNER'S AND
LIENHOLDER'S LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN RECEIPT 211
REQUESTED, THAT THE VESSEL OR OUTBOARD MOTOR WILL BE DECLARED A 212
NUISANCE AND DISPOSED OF IF NOT CLAIMED NOT LATER THAN THIRTY 213
DAYS AFTER THE DATE OF THE MAILING OF THE NOTICE. 214
IF THE OWNER OR LIENHOLDER MAKES NO CLAIM TO THE VESSEL OR 216
OUTBOARD MOTOR WITHIN THIRTY DAYS OF THE DATE OF THE MAILING OF 217
THE NOTICE, THE SHERIFF OR CHIEF SHALL FILE WITH THE CLERK OF 218
COURTS OF THE COUNTY IN WHICH THE PLACE OF STORAGE IS LOCATED AN 219
AFFIDAVIT SHOWING COMPLIANCE WITH THE REQUIREMENTS OF DIVISION 220
(F)(3) OF THIS SECTION, AND THE VESSEL OR OUTBOARD MOTOR SHALL BE 221
DISPOSED OF IN ACCORDANCE WITH SECTION 1547.302 OF THE REVISED 223
CODE.
(G) No person shall remove, or cause the removal of, any 225
vessel or outboard motor from private property other than in 226
accordance with division (B) of this section or section 1547.301 227
of the Revised Code. 228
Section 2. That existing section 1547.30 of the Revised 230
Code is hereby repealed. 231