5-392. Seizure and forfeiture of
watercraft
A. Peace officers, in the manner provided in title 13, chapter 39:
1. May seize any watercraft and its trailer if the watercraft displays a
fictitious, falsified or altered number or annual decal, or an annual decal from which
the accountability or expiration numbers have been intentionally removed or partially
removed. This paragraph does not apply to a boat owner or an authorized agent who
removes decals or boat numbers for routine maintenance or repair.
2. May seize for forfeiture any watercraft which has had a manufacturer's hull
identification number, mark or label or any engine, outdrive, lower unit or power trim
number intentionally removed, partially removed, falsified or altered.
B. Allocation of watercraft seized for forfeiture pursuant to subsection A,
paragraph 2 of this section shall follow the provisions of section 13-4315, except that
if the forfeited property is sold by public or otherwise commercially reasonable sale the
expenses of keeping and selling the property and the amount of all valid interests
established by claimants shall first be paid out of the proceeds of the sale and the
balance shall be DEPOSITED, PURSUANT TO SECTIONS 35-146 AND 35-147, in the state
general fund.
|