PART III.  ABANDONED VESSELS ON PUBLIC AND

PRIVATE PROPERTY GENERALLY

     §200-41  Abandonment of vessels.  (a)  No person shall abandon any vessel in the waters of the State or on any property, other than the property of the vessel owner, without the consent of the property owner.

     (b)  A vessel shall be presumed abandoned if:

     (1)  The vessel has been moored, anchored, or otherwise left unattended in the waters of the State or on public property for more than seventy-two hours without a valid use permit;

     (2)  The vessel has been left unattended on private property without authorization of the owner or occupant of the property for more than seventy-two hours;

     (3)  The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;

     (4)  The vessel does not have a valid registration certificate or United States Coast Guard documentation and has been moored, anchored, or otherwise left unattended in the waters of the State or on public property for more than seventy-two hours; or

     (5)  The requirements of section 200-52 are met.

     (c)  The determination of whether a vessel is abandoned on public property may be made by:

     (1)  The chairperson, or the chairperson's authorized representative, with regard to public property under the jurisdiction of the department;

     (2)  Any other state department or agency through its director, with regard to public property within the department or agency's respective jurisdiction; or

     (3)  Any county through its mayor or the mayor's designee, or chief of police, with regard to public property within the respective county's jurisdiction; provided that the department shall provide to the respective county access to the department's vessel registration and marine document records or those of the United States Coast Guard for the purposes of this section.

Once a vessel is deemed abandoned in the waters of the State or on public property, the appropriate official under this subsection may direct and cause the vessel to be taken into custody and disposed of pursuant to, and in the manner provided in, this part.  All owners of abandoned vessels that are impounded by the department shall be responsible for paying impound fees to the department while the vessel remains impounded and until the vessel is returned to the custody of a person entitled to possession or disposed of by the department.  Impound storage fees shall be equal to the rate set by the department for vessels moored without a valid permit.

     (d)  All vessels abandoned on private property shall be the responsibility of the private property owner.

     (e)  Any person who abandons a vessel in the waters of the State or on public property shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense.  Each day of each violation shall be deemed a separate offense.  All criminal fines collected pursuant to this subsection shall be deposited into the general fund in accordance with section 706-643.  It shall be an affirmative defense to prosecution that a vessel was abandoned during a national emergency declared by the President or Congress of the United States, or a state of emergency declared by the governor, or as otherwise approved in writing by the chairperson, or the chairperson's designee; provided that the defense shall be valid only for the duration of the declared emergency or written approval. [L 1991, c 272, pt of §2; am L 2012, c 146, §1; am L 2021, c 218, §3]