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As Reported by the Senate Energy, Natural Resources
and Environment Committee
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 101 |
REPRESENTATIVES KASPUTIS-OLMAN-BATEMAN-CALLENDER-GARCIA-HAINES
A BILL
To amend section 1547.30 of the Revised Code to authorize the owner of a
private dock to order the towing of any vessel found moored,
anchored, or tied
there without permission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1547.30 of the Revised Code be amended to read as
follows:
Sec. 1547.30. (A) As used in this section and sections
1547.301, 1547.302, and 1547.304 of the Revised Code:
(1) "Vessel or outboard motor" excludes an abandoned junk
vessel or outboard motor, as defined in section 1547.303 of the
Revised Code, or any watercraft or outboard motor under section
4585.31 of the Revised Code.
(2) "Law enforcement agency" means any organization or
unit comprised of law enforcement officers, as defined in
section 2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a
municipal corporation, township, or township police district, or
other chief of a law enforcement agency, within the sheriff's or
chief's respective territorial jurisdiction, upon complaint of any person
adversely affected, may order into storage any vessel or outboard motor
that has been left on private property, OTHER THAN A PRIVATE DOCK OR
MOORING FACILITY OR STRUCTURE, for at least seventy-two
hours without the permission of the person having the right to
the possession of the property. The sheriff or chief, upon
complaint of the owner of a marine repair facility or place of
storage, may order into storage any vessel or outboard motor that
has been left at the facility or place of storage for a longer
period than that agreed upon. The place of storage shall be
designated by the sheriff or chief. When ordering a vessel or
motor into storage under this division (B)(1) OF THIS
SECTION, a sheriff or chief shall,
whenever possible, SHALL arrange for the removal of the vessel or motor
by a private tow truck operator or towing company. Subject
(2)(a) EXCEPT AS PROVIDED IN DIVISION
(B)(2)(d) OF THIS SECTION, NO PERSON, WITHOUT THE CONSENT
OF THE OWNER OR OTHER PERSON
AUTHORIZED TO GIVE CONSENT, SHALL MOOR, ANCHOR, OR TIE A VESSEL AT A PRIVATE
DOCK OR MOORING FACILITY OR STRUCTURE OWNED BY ANOTHER PERSON IF THE OWNER HAS
POSTED, IN A CONSPICUOUS MANNER, A PROHIBITION AGAINST THE MOORING, ANCHORING,
OR TYING OF VESSELS AT THE DOCK, FACILITY, OR STRUCTURE BY ANY PERSON NOT
HAVING THE CONSENT OF THE OWNER OR OTHER PERSON AUTHORIZED TO GIVE CONSENT.
(b) IF THE OWNER OF A PRIVATE DOCK OR MOORING FACILITY OR
STRUCTURE HAS POSTED AT THE DOCK, FACILITY, OR STRUCTURE, IN A CONSPICUOUS
MANNER, CONDITIONS AND REGULATIONS UNDER WHICH THE MOORING, ANCHORING, OR
TYING OF VESSELS IS PERMITTED AT THE DOCK, FACILITY, OR STRUCTURE, NO PERSON,
EXCEPT AS PROVIDED IN DIVISION (B)(2)(d) OF THIS
SECTION,
SHALL MOOR, ANCHOR, OR TIE A VESSEL AT THE DOCK, FACILITY, OR STRUCTURE IN
VIOLATION OF THE POSTED CONDITIONS AND REGULATIONS.
(c) THE OWNER OF A PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE
MAY ORDER TOWED INTO STORAGE ANY VESSEL FOUND MOORED, ANCHORED, OR TIED IN
VIOLATION OF DIVISION (B)(2)(a) OR (b)
OF THIS
SECTION, PROVIDED THAT THE OWNER OF THE DOCK, FACILITY, OR STRUCTURE POSTS ON
IT A SIGN THAT
STATES THAT THE DOCK, FACILITY, OR STRUCTURE IS PRIVATE, IS
VISIBLE FROM ALL ENTRANCES TO THE DOCK, FACILITY, OR STRUCTURE, AND CONTAINS
ALL OF THE FOLLOWING INFORMATION:
(i) THE INFORMATION SPECIFIED IN DIVISION
(B)(2)(a) OR (b) OF THIS SECTION, AS
APPLICABLE;
(ii) A NOTICE THAT VIOLATORS WILL BE TOWED AND THAT VIOLATORS ARE
RESPONSIBLE FOR PAYING THE COST OF THE TOWING;
(iii) THE TELEPHONE NUMBER OF THE PERSON FROM WHOM A TOWED VESSEL
MAY BE RECOVERED, AND THE ADDRESS OF THE PLACE TO WHICH THE VESSEL WILL BE
TAKEN AND THE PLACE FROM WHICH IT MAY BE RECOVERED.
(d) DIVISIONS (B)(2)(a) AND
(b) OF
THIS SECTION DO NOT PROHIBIT A PERSON FROM MOORING, ANCHORING, OR TYING A
VESSEL AT A PRIVATE DOCK OR MOORING FACILITY OR STRUCTURE IF EITHER OF THE
FOLLOWING APPLIES:
(i) THE VESSEL IS DISABLED DUE TO A MECHANICAL OR STRUCTURAL
MALFUNCTION, PROVIDED THAT THE PERSON IMMEDIATELY REMOVES THE VESSEL FROM THE
DOCK, FACILITY, OR STRUCTURE WHEN THE MALFUNCTION IS CORRECTED OR WHEN A
REASONABLE ATTEMPT HAS BEEN MADE TO CORRECT IT;
(ii) WEATHER CONDITIONS ARE CREATING AN IMMINENT THREAT TO SAFE
OPERATION OF THE VESSEL, PROVIDED THAT THE PERSON IMMEDIATELY REMOVES THE
VESSEL FROM THE DOCK, FACILITY, OR STRUCTURE WHEN THE WEATHER CONDITIONS
PERMIT SAFE OPERATION OF THE VESSEL.
(e) A PERSON WHOSE VESSEL IS TOWED INTO STORAGE UNDER
DIVISION (B)(2)(c) OF THIS SECTION EITHER SHALL PAY
THE COSTS OF THE TOWING OF THE VESSEL OR SHALL REIMBURSE THE OWNER OF THE DOCK
OR MOORING FACILITY OR STRUCTURE FOR THE COSTS THAT THE OWNER INCURS IN TOWING
THE VESSEL.
(3) SUBJECT to
division (C) of this section, the owner of a vessel or motor that
has been removed under this division (B) OF THIS
SECTION may recover the vessel or
motor only in accordance with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor
that has been ordered into storage under division (B) of this
section arrives after the vessel or motor has been prepared for
removal, but prior to its actual removal from the property, the
owner or operator shall be given the opportunity to pay a fee of
not more than one-half of the charge for the removal of vessels
or motors under division (B) of this section that normally is
assessed by the person who has prepared the vessel or motor for
removal, in order to obtain release of the vessel or motor. Upon
payment of that fee, the vessel or motor shall be released to the
owner or operator, and upon its release, the owner or operator
immediately shall move it so that it is not on the private
property without the permission of the person having the right to
possession of the property, or is not at the facility or place of
storage without the permission of the owner, whichever is
applicable.
(D) Each county sheriff, each chief of police of a
municipal corporation, township, or township police district, and
each other chief of a law enforcement agency shall maintain a
record of vessels or outboard motors that are ordered
into storage under division (B)(1) of this section. The record shall
include an
entry for each such vessel or motor that identifies the vessel's
hull identification number or serial number, if any, the vessel's
or motor's make, model, and color, the location from which it was
removed, the date and time of its removal, the telephone number
of the person from whom it may be recovered, and the address of
the place to which it has been taken and from which it may be
recovered. Any information in the record that pertains to a
particular vessel or motor shall be provided to any person who,
pursuant to a statement the person makes either in person
or by telephone, is identified as the owner
or operator of the vessel or motor and requests information pertaining to its
location.
(E) Any person who registers a complaint that is the basis
of a sheriff's or chief's order for the removal and storage of a
vessel or outboard motor under division (B)(1) of this section shall
provide the identity of the law enforcement agency with which the
complaint was registered to any person who,
pursuant to a statement the person makes, is identified
as the owner or operator of the vessel or motor and requests
information pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is
ordered into storage under division (B) of this section may
reclaim it upon payment of any expenses or charges incurred in
its removal, in an amount not to exceed two hundred dollars, and
storage, in an amount not to exceed five dollars per
twenty-four-hour period, and upon presentation of proof of ownership,
which
may be evidenced by a certificate of title to the vessel or
motor, certificate of United States coast guard documentation, or
certificate of registration if the vessel or motor is not subject
to titling under section 1548.01 of the Revised Code.
If
(2) IF a
vessel or OUTBOARD motor that is ordered into storage under division
(B)(1)
of this section remains unclaimed by the owner for thirty days,
the procedures established by sections 1547.301 and 1547.302 of
the Revised Code shall apply.
(3) IF A VESSEL OR OUTBOARD MOTOR ORDERED INTO
STORAGE UNDER DIVISION (B)(2) OF THIS SECTION REMAINS UNCLAIMED FOR
SEVENTY-TWO HOURS AFTER BEING STORED,
THE TOW TRUCK OPERATOR OR TOWING COMPANY THAT REMOVED THE VESSEL OR OUTBOARD
MOTOR SHALL PROVIDE NOTICE OF THE REMOVAL AND STORAGE TO THE SHERIFF OF A
COUNTY, CHIEF OF POLICE OF A MUNICIPAL CORPORATION, TOWNSHIP, OR TOWNSHIP
POLICE DISTRICT, OR OTHER CHIEF OF A LAW ENFORCEMENT AGENCY WITHIN WHOSE
TERRITORIAL JURISDICTION THE VESSEL OR OUTBOARD MOTOR HAD BEEN MOORED,
ANCHORED, OR TIED IN VIOLATION OF DIVISION
(B)(2) OF THIS SECTION. THE NOTICE SHALL BE
IN WRITING AND INCLUDE THE VESSEL'S HULL IDENTIFICATION NUMBER OR SERIAL
NUMBER, IF ANY, THE VESSEL'S OR OUTBOARD MOTOR'S MAKE, MODEL, AND COLOR, THE
LOCATION FROM WHICH IT WAS REMOVED, THE DATE AND TIME OF ITS REMOVAL, THE
TELEPHONE NUMBER OF THE PERSON FROM WHOM IT MAY BE RECOVERED, AND THE ADDRESS
OF THE PLACE TO WHICH IT HAS BEEN TAKEN AND FROM WHICH IT MAY BE
RECOVERED.
UPON RECEIPT OF THE NOTICE, THE SHERIFF OR CHIEF IMMEDIATELY SHALL CAUSE
A SEARCH TO BE MADE OF THE RECORDS OF THE DIVISION OF WATERCRAFT TO ASCERTAIN
THE OWNER AND ANY LIENHOLDER OF THE VESSEL OR OUTBOARD MOTOR, AND, IF KNOWN,
SHALL SEND NOTICE TO THE OWNER AND LIENHOLDER, IF ANY, AT THE OWNER'S AND
LIENHOLDER'S LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
THAT THE VESSEL OR OUTBOARD MOTOR WILL BE DECLARED A NUISANCE AND DISPOSED OF
IF NOT CLAIMED NOT LATER THAN THIRTY DAYS AFTER THE DATE OF THE MAILING OF THE
NOTICE.
IF THE OWNER OR LIENHOLDER MAKES NO CLAIM TO THE VESSEL OR OUTBOARD MOTOR
WITHIN THIRTY DAYS OF THE DATE OF THE MAILING OF THE NOTICE, THE SHERIFF OR
CHIEF SHALL FILE WITH THE CLERK OF COURTS OF THE COUNTY IN WHICH THE PLACE OF
STORAGE IS LOCATED AN AFFIDAVIT SHOWING COMPLIANCE WITH THE REQUIREMENTS OF
DIVISION (F)(3) OF THIS SECTION, AND THE
VESSEL OR OUTBOARD MOTOR SHALL BE DISPOSED OF IN ACCORDANCE WITH SECTION
1547.302 OF THE REVISED
CODE.
(G) No person shall remove, or cause the removal of, any
vessel or outboard motor from private property other than in
accordance with division (B) of this section or section 1547.301
of the Revised Code.
Section 2. That existing section 1547.30 of the Revised Code is hereby
repealed.
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