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(a) The Harbormaster and/or his or her assistants are hereby authorized to provide for the removal of a watercraft under the following circumstances:
(1) When any watercraft is left unattended upon any waterway so as to constitute a hazard to safe navigation. Any watercraft or outboard motor found unattended in a sunken, beached or drifting condition shall be deemed abandoned by the owner.
(2) When any watercraft has been stolen or operated without the consent of the owner;
(3) When any watercraft has been used in or connected with the commission of a felony;
(4) When any watercraft has been damaged or wrecked so as to be inoperable or violate equipment provisions, whereby its continued operation would constitute a condition hazardous to life;
(5) When any watercraft is left unattended due to the removal of an ill, injured or arrested operator;
(6) When any watercraft is unlawfully docked in the dock space of another;
(7) When any watercraft is docked in the visiting dockage area in excess of twenty-four hours; and
(8) When any watercraft is docked in the pump-out docks in excess of the time necessary to perform the pump-out.
(b) Any watercraft removed under authority of this section shall be ordered into storage and the Harbormaster shall forthwith notify the registered watercraft owner of the fact of such removal and impounding, the reasons therefor and the place of storage. Any person desiring to redeem an impounded watercraft shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to the issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such watercraft was impounded or, as the court may require, post a bond in an amount set by the court to appear to answer to such violations. The watercraft owner shall pay all towing and storage charges prior to release.
(c) No owner or operator shall remove an impounded watercraft from the place of storage without complying with the procedure set forth in subsection (b) hereof. Possession of a watercraft which has been impounded and unlawfully taken from the place of storage by the owner or operator shall constitute prima-facie evidence that it was so removed by the owner or operator.
(Ord. 83-49. Passed 12-19-83.)