32-1156. Abandonment of a vessel; removal from public waterway, when.

32-1156

Chapter 32.--WILDLIFE, PARKS AND RECREATION
Article 11.--BOATING AND WATER ACTIVITIES

      32-1156.   Abandonment of a vessel; removal frompublic waterway, when.(a) No person shall abandon a vessel upon a public waterwayor upon public or private property without the consent of the owner or personin lawful possession or control of the property.

      (b)   The abandonment of any vessel in a manner prohibited by subsection (a) isprima facie evidence that the last registered owner of record is responsiblefor the abandonment, unless such owner has notified the department or otherappropriate law enforcement agency of such owner's relinquishment of title orregistration or interest therein. The person so responsible shall be requiredto pay the cost of removal and disposition of the vessel.

      (c)   A law enforcement officer of this state may remove a vessel from a publicwaterway when:

      (1)   The vessel is left unattended and is adrift, moored, docked, beached ormade fast to land in such a position as to interfere with navigation or in sucha condition as to create a hazard to other vessels using the waterway, topublic safety or to the property of another.

      (2)   The vessel is found upon a waterway and a report has previously been madethat the vessel has been stolen or embezzled.

      (3)   The person in charge of the vessel is by reason of physical injuries orillness incapacitated to such an extent as to be unable to provide for itscustody or removal.

      (4)   A law enforcement officer arresting a person operating or in control ofthe vessel for an alleged offense, and the officer is required or permitted totake, and does take, the person arrested into custody without unnecessarydelay.

      (5)   The vessel seriously interferes with navigation or otherwise poses acritical and immediate danger to navigation or to the public health, safety orwelfare.

      History:   L. 2006, ch. 85, § 11; Jan. 1, 2007.