(For Effective Date, See note.) Authority of Peace Officer to Cause Removal of Unattended Vessels; Notifications; Duties

  1. Law
  2. Georgia Code
  3. Waters of the State, Ports, and Watercraft
  4. Registration, Operation, and Sale of Watercraft
  5. Abandoned Vessels
  6. (For Effective Date, See note.) Authority of Peace Officer to Cause Removal of Unattended Vessels; Notifications; Duties

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  1. Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property for a period of at least five days, if such peace officer reasonably believes that the person who left such vessel unattended does not intend to return and remove such vessel, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may cause such vessel to be removed to a garage or other place of safety.
  2. Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property, when such vessel poses a threat to public health or safety, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may immediately cause such vessel to be removed to a garage or other place of safety.
  3. Any peace officer who, under the provisions of this Code section, causes any vessel to be removed to a garage or other place of safety shall be liable for gross negligence only.
    1. Any peace officer who finds a vessel under such conditions as described in subsection (a) or (b) of this Code section shall within 72 hours from the time of such finding:
      1. (For effective date, see note.) Notify the Department of Natural Resources of the description of the vessel, whether the vessel has been removed or not, and, if removed, the location to which such vessel has been removed; and
      2. If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel.

        If vessel information is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel.

    2. If any such vessel is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel.
    3. If the vessel is removed and the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days of removal, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days of removal, notify the person removing or storing such vessel of such fact.

(Code 1981, §52-7-72, enacted by Ga. L. 1989, p. 613, § 1; Ga. L. 2007, p. 105, § 3/HB 132; Ga. L. 2020, p. 479, § 2/SB 308.)


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