381.293 DISPOSAL OF ABANDONED VESSEL OR MOTOR.

   (a)   As used in this section and Section 381.294:

      (1)   "Abandoned junk vessel or outboard motor" means any vessel or outboard motor meeting all of the following requirements:

         A.   It has been left on private property for at least seventy-two hours without the permission of the person having the right to the possession of the property; left in a sunken, beached or drifting condition for any period of time; or left in a docked condition, on a public street or other property open to the public, or upon or within the right of way of any waterway, road or highway, for forty-eight hours or longer without notification to the Chief of Police or other chief of a law enforcement agency, having territorial jurisdiction with respect to the location of the vessel or motor, of the reasons for leaving the vessel or motor in any such place or condition;

         B.   It is three years old, or older;

         C.   It is extensively damaged, such damage including but not limited to any of the following: missing deck, hull, transom, gunwales, motor or outdrive;

         D.   It is apparently inoperable;

         E.   It has a fair market value of two hundred dollars ($200.00) or less.

      (2)   "Law enforcement agency" means any organization or unit comprised of law enforcement officers, as defined in Ohio R.C. 2901.01(K)(2).

   (b)   The Chief of Police, or other chief of a law enforcement agency, within his respective territorial jurisdiction, upon notification to the Chief of such action, shall order any abandoned junk vessel or outboard motor to be photographed by a law enforcement officer. The officer shall record the make of vessel or motor, the hull identification number or serial number when available, and shall also detail the damage or missing equipment to substantiate the value of two hundred dollars ($200.00) or less. The Chief shall thereupon immediately dispose of the abandoned junk vessel or outboard motor to a marine salvage dealer or other facility owned, operated or under contract to the City for the destruction of such vessels or motors. The records and photographs relating to the abandoned junk vessel or outboard motor shall be retained by the law enforcement agency ordering the disposition of the vessel or motor for a period of at least two years. The law enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the Chief of the Division of Watercraft, describing the vessel or motor and the manner in which it was disposed of, and that all requirements of this section have been complied with, and shall sign and file the same with the Clerk of Courts of the county in which the vessel or motor was abandoned. The Clerk of Courts shall retain the original of the affidavit for his files, shall furnish one copy thereof to the Chief of the Division of Watercraft, one copy to the marine salvage dealer or other facility handling the disposal of the vessel or motor, and one copy to the law enforcement agency ordering the disposal, who shall file such copy with the records and photographs relating to the disposal. Any moneys arising from the disposal of an abandoned junk vessel or outboard motor shall be credited to the General Fund of the City.

   Notwithstanding Section 381.291, any vessel or outboard motor meeting the requirements of subsections (a)(1)C. to E. hereof which has remained unclaimed by the owner or lienholder for a period of ten days or longer following notification as provided in Section 381.291 may be disposed of as provided in this section.

(Ord. 91-9-119. Passed 9-25-91.)