8.25.030 Abandoned vessels.
(a) The borough assembly declares that abandoned vessels are a public nuisance and must be disposed of as solid waste in accordance with this title.
(b) Violations.
(1) No vessel may trespass upon the lands or the waters, patented tidelands, or surveyed tideland lease areas of the borough.
(2) A person may not store or leave a vessel in a wrecked, derelict, or substantially dismantled condition or abandoned in a location specified in subsection (b)(1) of this section, or at a port or harbor, in the borough without the consent of the agency having jurisdiction of the water, port, or harbor. A person may not store or leave a vessel in a wrecked, derelict, or substantially dismantled condition or abandoned upon or docked at any private property without the consent of the owner of the property, which includes patented tidelands or surveyed tideland leases.
(3) The borough may remove an abandoned vessel from public water in any instance when the vessel obstructs or threatens to obstruct navigation, contributes to air or water pollution by discharging oils, acids, or petroleum fuels, or in any other way constitutes a danger by placing hazardous materials into the environment.
(4) Any person who places a vessel in a location specified in subsection (b)(2) of this section and any person who abandons a vessel in a place specified in subsection (b)(2) of this section is considered responsible for the abandonment of the vessel, and is, along with the registered owner of the vessel, jointly and severally liable for the costs of its removal and disposition.
(5) In addition to parties liable and responsible as provided in subsection (b)(4) of this section, the lawful owner of a vessel, as shown by borough records, State records, or U.S. Coast Guard records, is considered responsible for the abandonment of the vessel and is liable for the cost of removal and disposition of the abandoned vessel unless:
a. The vessel is registered with the State, or the U.S. Coast Guard if the vessel is a documented vessel, and the vessel was abandoned by a person using the vessel without the permission of the owner, and the vessel had previously been reported stolen to the Alaska State Troopers; or
b. The identity of the person abandoning the vessel is established, and the abandonment was without the consent of the owner. [Ord. No. 1556, §1, 3-15-10. Code 1974 §29.35.020.]