Police Department Policy

OAKLAND_J-03.1_Towing_Procedure_Abandoned_Salvag_2868228

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER J-03.1: TOWING PROCEDURES – ABANDONED /SALVAGED RECREATIONAL WATERBORNE VESSELS SUBMERGED NAVIGATIONAL HAZARD ABATEMENT PLAN (SNHAP) Effective Date: 21 Sep 22 Coordinator: Special Operations Section Page 1 of 7 Policy and Procedure for the removal of abandoned recreational vessels through the Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange (SAVE) / Grant Program . COMMAND INTENT Through a grant program provided by the Division of Boating and Waterways, the Oakland Police Department, upon identifying derelict recreational vessels with no identifiable owner, will remove and dispose of the vessels in accordance with those provisions set forth in the Harbors & Navigation Codes and Alameda County Codes regarding wrecked and salvaged vessels. A. Definitions and Authorities A – 1. 1.1. Dilapidated /Abandoned Recreational Vessel: A vessel that may be seaworthy and mobile but is dilapidated and abandoned on Oakland waters for more than 30 days. The vessel must be unoccupied. Complete definition at Harbors and Navigation section 522. Removal procedures are in B -1 below. 1.2. Marine Debris: A vessel or part of a vessel that is unseaworthy and cannot be used for transportation. Complete definition at Harbors and Navigation Code section 550(b). Removal procedures are in B -2 below. A – 2. Authority to Remove: The authority to remove and dispos e of abandoned vessels is covered under: 1. Harbo rs & Navigation Code sections 522, 523, 525, and 526 allow for the removal of vessels that are seaworthy but dilapidated and have been abandoned on the waters of the State for more than 30 days. The vessel must have a value of less than $300. Removal procedures are in B -1 below. 2. Harbors & Navigation Code section 551 allows for the removal and disposal of marine debris under the procedures in B-2 below. DEPARTMENTAL GENERAL ORDER J-03.1 Effective Date OAKLAND POLICE DEPARTMENT 21 Sep 22 Page 2 of 7 B. Reported or Located Abandoned Recreational Vessel: B – 1. If the vessel is seaworthy but dilapidated and appears to be abandoned per A -1.1: 1. If the vessel is adrift, OPD must moor it at a safe moorage. 2. If the vessel is moored at a location that presents a hazard , interferes with traffic , or threatens wetlands or water quality, and can be towed, OPD will tow it and moor it at a safe moorage. 3. If the vessel is not adrift and does not present a hazard, it can be left on site. OPD should post a notice on the vessel stating that the vessel appears to be abandoned . If the owner posts a notice of the owner’s address on the vessel 10 days before the deadline and provides the notice to the City , then OPD shall provide a second notice giving the owner 15 days to remove the vessel. If the vessel is not removed in the first 30 -day period or after the 15-day second notice, OPD may remove the vessel to storage . 4. Once the vessel is in storage, contact the City Attorney’s Office regarding disposal or sale. B – 2. If the vessel is not seaworthy and is thus marine debris per A -1.2: 1. If the vessel presents a hazard, either adrift or moored , OPD will remove it to storage . If the vessel cannot be towed, OPD may immediately destroy and/or dispose of it. If the vessel has a hull number or the owner is otherwise identifiable, OPD will send notice to the owner at the owner's address of record with DMV , by certified or first -class mail . 2. If the vessel is not adrift and not a hazard, OPD will attach a notice to the vessel , giving OPD’s address and phone number and sta ting that the vessel will be removed if not claimed or removed within 10 days . If the vessel has a hull number or the owner is otherwise identifiable, OPD will additionally send a notice to the owner at the owner's ad dress of record with the DMV , by certified or first -class mail. 3. After 10 days from mailing or posting a notice (whichever is later) , if the owner does not claim the vessel and pays OPD’s towing and storage costs , OPD may destroy the vessel. B – 3. Content of Mailed and Posted Notices: 1. Agency name , phone number, address DEPARTMENTAL GENERAL ORDER J-03.1 Effective Date OAKLAND POLICE DEPARTMENT 21 Sep 22 Page 3 of 7 2. Date 3. Harbor & Navigation Codes which authorize the removal of the abandoned vessel (see section A -2 above for

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