A. If a person is convicted of violating section 5-396 the court, in addition to any other penalty imposed by law, shall order the motorized watercraft owned and operated by the person at the time of the offense forfeited in the same manner as provided under Title 13, Chapter 39.

Terms Used In Arizona Laws 5-396.01

  • Motorized watercraft: means any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion. See Arizona Laws 5-301
  • Person: includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof. See Arizona Laws 5-301
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Watercraft: means any boat designed to be propelled by machinery, oars, paddles or wind action on a sail for navigation on the water, or as may be defined by rule of the commission. See Arizona Laws 5-301

B. A motorized watercraft used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the vehicle consented to or was privy to a violation described in subsection A of this section.

C. Any property that is subject to forfeiture and all interests in property that are forfeited under this section shall be disposed of and allocated in the same manner as provided in Title 13, Chapter 39, except that all monies that are obtained as a result of forfeiture under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

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