§ 9-99. Derelict vessels and docks

(a) Procedures; penalties.

(1) No derelict dock shall be deposited upon a beach, public right-of-way, or in the waters under the jurisdiction of the harbormaster.

(2) No derelict vessel shall moor or anchor in waters under the jurisdiction of the harbormaster.

(3) When the harbormaster or assistants determine that a vessel or a dock is derelict, the harbormaster or assistants may take custody and control of such vessel or dock and may remove and/or store it, all at the expense and sole risk of the vessel or dock owner. Notice of such removal and/or storage shall be given in the following manner:

a. The harbormaster or assistants shall affix a notice to the derelict vessel or derelict dock instructing the owner to remove the vessel or dock within 72 hours. In the event that the derelict vessel or derelict dock is not removed within 72 hours, the harbormaster or assistants may take custody and control of such vessel or dock and remove and/or store it.

b. In the event that the harbormaster or assistants removes and/or stores a derelict vessel, the harbormaster or assistants shall give written notice by regular first class mail to the owner of the derelict vessel that the vessel has been removed and/or stored. Such notice shall direct the owner to contact the harbormaster within ten days for purposes of claiming and removing the derelict vessel and paying all costs and fines associated with the removal and/or storage of the derelict vessel. For purposes of providing written notice, the name and address of the owner of a derelict vessel shall be deemed to be:

1. The name and address of the person of record who has been issued a certificate of number for the vessel by the state department of environmental management pursuant to G.L. 1956, § 46-22-4; or

2. The name and address of the person of record of a vessel covered by an identification number, which has been awarded to the vessel pursuant to federal law or a federally approved numbering system of another state.

c. In the event that the harbormaster or assistants removes and/or stores a derelict dock, the harbormaster or assistants shall give written notice by regular first class mail to the owner of the derelict dock that the dock has been removed and/or stored if the name and address of the owner of the dock is known to the harbormaster or assistants. Such notice shall direct the owner to contact the harbormaster within ten days for purposes of claiming and removing the derelict dock and paying all costs and fines associated with the removal and/or storage of the derelict dock.

(4) Notwithstanding the above, if at any time the harbormaster or assistants determine that a vessel or dock is likely to damage private or public property, or is a hazard to navigation or the environment, the harbormaster or assistants may immediately remove, or cause to be removed, the vessel or dock. The harbormaster or assistants may permit a derelict vessel to remain in place in emergency situations or adverse weather conditions.

(5) If the owner fails to remove the vessel or dock within 72 hours of the notice as specified in subsection (a)(3)a of this section, or make acceptable arrangements with the harbormaster or assistants, the owner shall be subject to a fine of $100.00 per day or imprisonment not to exceed ten days.

(b) Removal, disposal and sale of derelict vessel or derelict dock. In the event that the owner of a derelict vessel or derelict dock does not claim and remove the derelict vessel or derelict dock and pay all costs and fines associated with the removal and/or storage of the derelict vessel or derelict dock within 30 days of the date that the harbormaster or assistants removed the derelict vessel or derelict dock, the harbormaster or assistants may proceed to dispose of or sell the derelict vessel or derelict dock in a manner which the harbormaster determines is appropriate provided that at least 30 days prior to any such disposal or sale the harbormaster shall place a notice in a newspaper of local circulation setting forth that the vessel or dock will be disposed of or sold. In the event that the vessel or dock is sold, the proceeds from the sale shall be used to defray the costs incurred by the town for the removal, storage, disposal and/or sale of the vessel or dock.

(c) Liability and enforcement of liens.

(1) The owner of a derelict vessel or derelict dock removed, relocated, stored or disposed by the harbormaster in accordance with subsection (b) of this section shall be liable to pay the cost and expenses of the removal, relocation, storage, and/or disposal, or to repay the same when paid by the town pursuant to the provisions of G.L. 1956, § 46-4-6.10.

(2) The costs, charges and/or expenses paid by the town for any vessel or dock, removed, relocated, or stored by the harbormaster in accordance with this subsection and subsection (b) of this section, until paid, shall constitute a lien on the vessel or dock in favor of the town. A lien acquired by the town on any vessel or dock by virtue of this section may be enforced by the town through the sale of such vessel/dock, or other property in accordance with the maritime law of the United States, if applicable, or otherwise in accordance with the General Laws of the state.

(Ord. of 3-19-2004, § 9-99; Ord. of 12-19-2005, § 9-99; Ord. of 6-2-2008, §§ 9-99, 9-99-1, 9-99-1.1)