Unwanted guest

[ebizboy]

Hi all, I'm looking for some advice and this seemed like a logical place to look for it.

I live in an association on the lake. Our association has several moorings that are shared among the residents. These moorings are assigned based on a first come, first serve, basis at the beginning of each year. Whoever is lucky enough to acquire a mooring for the year is required just to pay the annual state mooring fee. Our bylaws clearly state that these moorings are to be used by residents and guests only. Unfortunately, one of our residents has taken it upon themselves to allow a third party, a friend or acquaintance not staying within the community, to use their mooring this year. The community has gone to this individual and requested that the offending boat be removed. This request has been ignored. So my question is, how do we go about physically removing the boat from our community property without breaking any laws ourselves? There are several among us who would like to just set it afloat, but we know that is not a serious alternative. We will continue to urge the offender to do the right thing, but I am beginning to feel as though we will not get resolution until the season is over and the point becomes moot. If it were a land based vehicle I would merely call a tow truck and have it removed, but who would we call to remove a boat? Will the Marine Patrol get involved in an issue like this? Can we just call Sea Tow and have them take it away? Any advice would be greatly appreciated. :confused:

[Seaplane Pilot]

If your association has an attorney, you might bring this situation to their attention and ask their advice on how to proceed. Since it involves the personal property of others, it would be a good thing to CYA before you have it towed, etc.

[Skip]

You have done the correct thing by warning the offender. If he continues to moor illegally, utilize the below atached RSA to have the MP remove the offending vessel and summons the owner.

Do not, under any circumstances, cut the offending boat adrift. To willfully cast a boat adrift is a violation of not only NH's boating statutes, but it leaves you civily liable for any damage incurred to the boat and any third party. Let the MPs deal with the situation.

Good luck, let us know how you make out....

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Mooring of Boats on Public Waters
Section 270:64-a
270:64-a Docking, Mooring Prohibited. –
I. (a) No person shall dock, moor, make fast, or otherwise secure a vessel to a dock, mooring, or pier of another, knowing that the person is not licensed or privileged to do so.
(b) No person shall anchor within an approved congregate or public mooring field.
II. The commissioner of the department of safety may adopt rules pursuant to RSA 541-A relative to the operation, mooring or anchoring of commercial and construction vessels and barges.
III. No person shall cause a vessel that he is operating or otherwise in control of, to remain secured in violation of this section in defiance of an order to move such vessel or have such vessel removed, which was personally communicated to him, whether verbally or in writing by the owner or authorized agent of the owner of the structure or other property or by a peace officer.
IV. For the purpose of this section, the commissioner of safety or any peace officer with jurisdiction, may impound any vessel found to be in violation of this section or may order the removal and storage at a place of safekeeping of any such vessel. All reasonable charges of such impoundment, removal and storage shall be a lien against the boat.
V. Any person who violates the provisions of this section or any rules adopted under this section shall be guilty of a violation for a first offense and a misdemeanor for any subsequent offense.

[webmaster]

Do not, under any circumstances, cut the offending boat adrift. To willfully cast a boat adrift is a violation of not only NH's boating statutes, but it leaves you civily liable for any damage incurred to the boat and any third party.I wonder if the people who put up this sign know that?

http://www.winnipesaukee.com/cam/adrift.jpg

[ebizboy]

Skip, I just wanted to let you know that the mere threat of legal action, with your backup, did the trick. The boat is gone. Thanks for the help.

[Skip]

Glad it worked out OK for you.

The Webmaster brings up a good point about the sign he had pictures of. Every year their is also random talk about cutting boats adrift at public docking areas, private docks, etc.

Thought I'd attach the RSA that pertains to casting boats adrift for everyone's perusal. My advice remains the same, if it's moored or docked illegally, and the owner refuses your friendly advice to heave too, call the MPs and let them deal with it....

Skip

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Interference with Navigation
Section 270:26-a
270:26-a Interference with a Vessel. – No person shall, without the consent of the owner of the vessel, wilfully and maliciously cut away or let loose any vessel which is fastened to any mooring place or lying at anchor. Whoever violates the provisions of this section shall be guilty of a violation.

[jrc]

It amazing that this is only a violation. Considering all damage that could be caused, I would have expected a least a misdemeanor. The maximum for a violation is a fine, no jail time, right?