Title 52, Chapter 7, Section 71
( 52-7-71)
(a) Any person who removes a vessel from public property or public
water at the request of a law enforcement officer or stores such
vessel shall, if the owner of the vessel is unknown, seek the
identity of and address of the last known registered owner of such
vessel from the law enforcement officer requesting removal of such
vessel or such officer's agency within 72 hours of removal. (b) Any person who removes a vessel from private property or private
waters at the request of the property owner or stores such vessel
shall, if the owner of the vessel is unknown, notify in writing a
local law enforcement agency of the location of the vessel, the
vessel registration number, and the license number, model, year, and
make of the vessel, if known or if readily ascertainable, within 72
hours of the removal of such vessel and shall seek from the local
law enforcement agency the identity and address of the last known
registered owner of such vessel and any information indicating that
such vessel is a stolen vessel. (c) If any vessel removed under conditions set forth in subsection
(a) or (b) of this Code section 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. (d) If any vessel removed under conditions set forth in subsection
(a) or (b) of this Code section is determined not to be a stolen
vessel or is not a vessel being repaired by a repair facility or is
not being stored by an insurance company providing insurance to
cover damages to the vessel, the person removing or storing such
vessel shall, within seven calendar days of the day such vessel was
removed, notify the owner, if known, by certified or registered mail
or statutory overnight delivery of the location of such vessel, the
fees connected with removal and storage of such vessel, and the fact
that such vessel will be deemed abandoned under this article unless
the owner redeems such vessel within 30 days of the day such vessel
was removed. (e) If the owner fails to redeem such vessel as described in
subsection (d) of this Code section, or if a vessel being repaired
by a repair facility or being stored by an insurance company
providing insurance to cover damages to the vessel becomes
abandoned, the person removing or storing such vessel shall, within
seven calendar days of the day such vessel became an abandoned
vessel, give notice in writing, by sworn statement, to the
Department of Natural Resources and the Georgia Bureau of
Investigation, stating the vessel registration number, the license
number, the fact that such vessel is an abandoned vessel, the model,
year, and make of the vessel, if known or if readily ascertainable,
the date the vessel became an abandoned vessel, the date the vessel
was removed, and the present location of such vessel and requesting
the name and address of all owners, lessors, lessees, security
interest holders, and lienholders of such vessel. If a person
removing or storing the vessel has knowledge of facts which
reasonably indicate that the vessel is registered or titled in a
certain other state, such person shall check the vessel records of
that other state in the attempt to ascertain the identity of the
owner of the vessel.
(f) Upon ascertaining the owner of such vessel, the person removing
or storing such vessel shall, within five calendar days, by
certified or registered mail or statutory overnight delivery, notify
the owner, lessors, lessees, security interest holders, and
lienholders of the vessel of the location of such vessel and of the
fact that such vessel is deemed abandoned and shall be disposed of
if not redeemed. (g) If the identity of the owner of such vessel cannot be
ascertained, the person removing or storing such vessel shall place
an advertisement in a newspaper of general circulation in the county
where such vessel was obtained or, if there is no newspaper in such
county, shall post such advertisement at the county courthouse in
such place where other public notices are posted. Such
advertisement shall run in the newspaper once a week for two
consecutive weeks or shall remain posted at the courthouse for two
consecutive weeks. The advertisement shall contain a complete
description of the vessel, its license and manufacturer's vessel
identification numbers, the location from where such vessel was
initially removed, the present location of such vessel, and the fact
that such vessel is deemed abandoned and shall be disposed of if not
redeemed. (h) Information forwarded to the Georgia Bureau of Investigation as
required by this Code section shall be placed by the bureau on the
National Crime Information Center Network. (i) Any person storing a vessel under the provisions of this Code
section shall notify the Department of Natural Resources and the
Georgia Bureau of Investigation if the vessel is recovered, is
claimed by the owner, is determined to be stolen, or is for any
reason no longer an abandoned vessel. Such notice shall be provided
within seven calendar days of such event. (j) If vessel information on the abandoned vessel 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. (k) Any person who does not provide the notice and information
required by this Code section shall not be entitled to any storage
fees. (l) Any person who knowingly provides false or misleading
information when providing any notice or information as required by
this Code section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as for a misdemeanor. |