§ 38-428. - Unattended boats, boat trailers, etc.
(a) It shall be unlawful for any person to leave any boat, trailer or other boating equipment unattended outside of an authorized wet-dock or dry-dock area on the Atoka Reservoir-Reservation for more than 72 hours. In any prosecution charging a violation of this section, proof that a particular boat, trailer or item of boating equipment was left unattended in violation of this section, and that the defendant named in the complaint was at the time of the violation the registered owner of such property, shall raise a rebuttable presumption that such registered owner was the person who placed such property at the point where and for the time during which the violation occurred. Any boat, trailer or boating equipment found unattended in violation of this section by the Chief Ranger or any of his assistants may be impounded pursuant to the procedures set forth herein.
(b) Upon finding any boat, trailer or other boating equipment which would be subject to impoundment as provided by Subsection (a), the Chief Ranger or a designated assistant is hereby authorized to notify the police department of the location of such property. Members of the police department are hereby authorized to impound such property according to the impoundment procedures set forth in Division 4 of Article II of Chapter 32 of this Code. No such impoundment shall be valid unless made under order of an authorized police officer and in accordance with the procedures required by such division.
(c) Upon impounding any boat, trailer or other boating equipment as provided by Subsections (a) and (b) of this section, the Chief of Police or a designated assistant shall make a permanent record of such impoundment. The required record shall contain the following information:
(1) a description of the impounded property;
(2) the date and circumstances of the impoundment thereof; and
(3) any identifying names, numbers, letters or marks on such property.
In the event that such impounded property is subsequently sold as provided for in Subsection (d) of this section, an additional entry shall be made in the permanent record indicating the date of the sale, the name and address of the purchaser and the amount for which it was sold.
(d) Any impounded and unclaimed boat, trailer or other boating equipment which has remained in the possession of the police department for a period of 30 days or longer may be sold pursuant to the procedures set forth in this subsection. Ten days before the sale of any unclaimed property, the Chief of Police shall sign and have posted, in at least four public places in the City, one of which shall be the front door of the police station, a notice of the time, place and manner of sale, and a general description of the property to be sold. Any proceeds received from such sale shall be delivered to the City Treasurer, who shall issue a receipt therefor and deposit the proceeds into the general fund of the City.
(e) If the owner of any boat, trailer or other boating equipment sold pursuant to Subsection (d) of this section shall recover possession of such property from the purchaser thereof, the amount paid to the City by such purchaser shall be returned to him upon a verified claim being submitted and approved by the proper City officers.
(Ord. No. 15883, § 1(23-41.1), 7-22-80; Code 1980, § 38-427)