Sec. 388.411. - Impoundment, removal and disposal of vessels.

(a) After posting the removal directive to the vessel, as described in Section 388.409 (d), a law enforcement officer may authorize the removal of a vessel from an Anchoring Limitation Area and impound the vessel for up to 48 hours, or may cause such removal and impoundment, if the vessel owner, operator or other legally responsible party fails to remove the vessel from the Anchoring Limitation Area or shown reasonable cause for failure to do so, or anchors the vessel in violation of this Part within 12 hours after being issued a citation for violation of this Part. If the vessel is impounded pursuant to this subsection, after 48 hours have elapsed since impoundment, if the vessel owner or other interested party with legal standing on the disposition of the vessel has not claimed the vessel at the designated impoundment location, then the law enforcement officer acting under this Part is authorized to place, or have placed, the vessel into a designated storage location, at the expense of the vessel owner, operator, or other responsible party, until the vessel owner, operator, or responsible party has paid all removal, impoundment, penalty and storage fees which have accrued since impoundment and as a result of any penalties. Notice of removal and storage shall be served in the same manner as provided for notice of violation in Section 388.408 . The vessel owner or other interested party with legal standing on the disposition of the vessel may reclaim a stored vessel after payment of towing, impoundment and storage fees. If, within 30 days of service of notice of removal and storage pursuant to this subsection, no attempt has been made to claim the vessel, the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506 , of this Chapter. (b) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, and either: (1) The owner, operator, or other person legally responsible for the vessel has disavowed responsibility for the vessel and no other owner, operator, or other person legally responsible for the vessel is known; or (2) After service of the notice of violation has been attempted as provided in Section 388.408 , and the term of days to correct the violation has lapsed under Section 388.408 , no party legally responsible for the vessel has removed the vessel from the waters of the county or shown reasonable cause for failure to do so, and the term of days to contest an issued citation has lapsed, and no person has come forward in response to the notice or citation; the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506 , of this Chapter. (c) If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, and notice of violation has been provided pursuant to Section 388.408 , and the term of days to correct the violation has lapsed under Section 388.408 , and no person legally responsible for the vessel has caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506 , of this Chapter. (d) If the following language is included in the notice of violation pursuant to Section 388.408 , the term of days required under subsection (a), may run concurrent to the required term of days under Part 5 of this Chapter: IF THE OWNER, OPERATOR, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE ATTACHED PROPERTY HAS NOT REMOVED THIS VESSEL FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 30 DAYS OF THE DATE OF THIS NOTICE THIS VESSEL WILL BE REMOVED AND DISPOSED OF AS ABANDONED, PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR CHAPTER 388, PART 5, Ordinance Code. (Ord. 2025-432-E , § 6)