(a) It is unlawful for a person who is the owner of a derelict vessel to refuse or fail to remove the derelict vessel from the waters of this state within 24 hours after a verbal or written request from a law enforcement officer.

Terms Used In Alabama Code 33-5A-11

  • agency: The Alabama State Law Enforcement Agency. See Alabama Code 16-60-111.12
  • DERELICT VESSEL: A vessel in the waters of this state that satisfies any of the following:

    a. See Alabama Code 16-60-111.12

  • LAW ENFORCEMENT OFFICER: An officer of a county, municipality, or any state agency, department, or subdivision thereof, who is certified by the Alabama Peace Officers' Standards and Training Commission. See Alabama Code 16-60-111.12
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • person: includes a corporation as well as a natural person. See Alabama Code 30-3D-608
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 30-3D-608
  • vessel: Every description of watercraft, other than a seaplane, capable of being used as a means of transportation on the water. See Alabama Code 16-60-111.12
  • WATERS OF THIS STATE: Waters of this state as defined in Section 33-5-3. See Alabama Code 16-60-111.12

(b)(1) A violation of this section is a Class A misdemeanor if the vessel is a Class 4 vessel as described in Section 33-5-17.

(2) A violation of this section is a Class B misdemeanor if the vessel is a Class 3 vessel as described in Section 33-5-17.

(3) A violation of this section is a Class C misdemeanor if the vessel is a Class 1 or Class 2 vessel as described in Section 33-5-17.

(c) In addition to all other penalties, the sentencing official shall order the owner to pay for all of the costs incurred in the enforcement of this section, including the seizure, removal, transportation, preservation, storage, and disposal expenses of the derelict vessel.

(d) Any fines collected pursuant to subsection (b) and all moneys collected pursuant to subsection (c) shall be distributed into the Alabama Abandoned and Derelict Vessel Fund to be used by the Secretary of the Alabama State Law Enforcement Agency in the implementation and administration of this chapter.

(Act 2018-179, §11.)