(625 ILCS 45/Art. IIIC heading) ARTICLE IIIC.
LOST AND ABANDONED
WATERCRAFT
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(625 ILCS 45/3C-1) (from Ch. 95 1/2, par. 313C-1)
Sec. 3C-1.
Abandonment of watercraft prohibited.
(a) The abandonment
of a watercraft or any part thereof on any waters in this State is unlawful
and subject to penalties as set forth under Section 3C-14.
(b) The abandonment of a watercraft or any part thereof on private or
public property, other than a waterway, in view of the general public,
anywhere in this State is unlawful except on property of the owner or bailee
of such abandoned watercraft.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)
Sec. 3C-2. Notification to law
enforcement agencies. When an abandoned, lost, stolen or unclaimed
watercraft comes into the temporary possession or custody of a person in
this State, not the owner of the watercraft, such person shall immediately
notify the municipal police when the watercraft is within the corporate
limits of any city, village or town having a duly authorized police
department, or the Illinois State Police, Conservation Police or the county sheriff
when the watercraft is outside the corporate limits of a city, village or
town. Upon receipt of such notification, the municipal police, State
Police, Conservation Police, or county sheriff will authorize a towing
service to remove and take possession of the abandoned, lost, stolen or
unclaimed watercraft. The towing service will safely keep the towed
watercraft and its contents, and maintain a record of the tow as set forth in
Section 3C-4 for law enforcement agencies, until the watercraft is claimed
by the owner or any other person legally entitled to possession thereof or
until it is disposed of as provided in this Article.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3C-3) (from Ch. 95 1/2, par. 313C-3)
Sec. 3C-3.
Removal of watercraft.
(a) When a
watercraft is abandoned on any waters of this State for 24 hours or more,
its removal by a towing service may be authorized by a law enforcement
agency having jurisdiction.
(b) When an abandoned, unattended, wrecked, burned or partially
dismantled watercraft is creating a traffic or navigational hazard because
of its position in relation to the waterway or because its physical appearance
is impeding traffic or navigation, its immediate removal
from the waterway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(c) When a watercraft removal from either public or private property is
authorized by a law enforcement agency, the owner of the watercraft will be
responsible for all towing costs. Watercraft removed from public or
private property and stored by a commercial relocator or any other towing
service shall be subject to a possessory lien for services pursuant to "An
Act concerning liens for labor, services, skills or materials furnished
upon or storage furnished for chattels", filed July 24, 1941, as amended,
and the provisions of Section 1 of
that Act relating to notice and implied consent shall be deemed satisfied.
In no event shall such lien be greater than the rates established by that Act.
In no event shall such lien be increased or altered to reflect any charge
for services or materials rendered in addition to those authorized by this
Article. Every such lien shall be payable in cash.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-4) (from Ch. 95 1/2, par. 313C-4)
Sec. 3C-4. Police tows; reports; release of watercraft; payment. (a) When a watercraft is authorized to be towed away as provided in Section 3C-2 or 3C-3, the authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service. (b) When a watercraft is
authorized to be towed away as provided in Section 3C-2, the police
headquarters or office of the law enforcement officer authorizing the towing shall keep
and maintain a record of the watercraft towed, listing the color,
manufacturer's trade name, manufacturer's series name, hull type, hull
material, hull identification number, and registration number displayed on
the watercraft. The record shall also include the date and hour of tow,
location towed from, location towed to, and reason for towing and the name
of the officer authorizing the tow.
(c) The owner, operator, or other legally entitled person shall be responsible to the towing service for the payment of applicable removal, towing, storage, and processing charges and collection costs associated with a watercraft towed or held under order or authorization of a law enforcement agency. If a watercraft towed or held under order or authorization of a law enforcement agency is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If the applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. Such payment shall not exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person. (d) Upon the delivery of a written release order to the towing service, a watercraft subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs. (Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/3C-5) (from Ch. 95 1/2, par. 313C-5)
Sec. 3C-5. Record searches. When a law enforcement agency authorizing
the impounding of a watercraft does not know the identity of the registered
owner, lienholder or other legally entitled person, that law enforcement
agency will cause the watercraft registration records of the State of
Illinois to be searched by the Department of Natural
Resources for the purpose
of obtaining the required ownership information. The law enforcement agency
authorizing the impounding of a watercraft will cause the stolen watercraft
files of the Illinois State Police to be searched by a directed communication to the Illinois
State Police for stolen or wanted information on the watercraft. When the Illinois
State Police files are searched with negative results, the information
contained in the National Crime Information Center (NCIC) files will be
searched by the Illinois State Police. The information determined from these record
searches will be returned to the requesting law enforcement agency for that
agency's use in sending a notification by certified mail to the registered
owner, lienholder and other legally entitled persons advising where the
watercraft is held, requesting that a disposition be made and setting forth
public sale information.
Notification shall be sent no later than 10 days after the date the law
enforcement agency impounds or authorizes the impounding of a watercraft,
provided that if the law enforcement agency is unable to determine the
identity of the registered owner, lienholder or other person legally
entitled to ownership of the impounded watercraft within a 10 day period
after impoundment, then notification shall be sent no later than 2 days
after the date the identity of the registered owner, lienholder or other
person legally entitled to ownership of the impounded watercraft is
determined. Exceptions to a notification by certified mail to
the registered owner, lienholder and other legally entitled persons are set
forth in Section 3C-9.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3C-6) (from Ch. 95 1/2, par. 313C-6)
Sec. 3C-6.
Identifying and tracing of watercraft ownership by the
Department of Natural Resources. When the registered
owner, lienholder or other
person legally entitled to the possession of a watercraft cannot be
identified from the registration files of this State or from the
registration files of a foreign state, if applicable, the law enforcement
agency having custody of the watercraft shall notify the Department of
Natural Resources, for the purpose of identifying the
watercraft owner or other person legally entitled to the possession of the
watercraft. The information obtained by the Department of Natural
Resources will be immediately forwarded to the law
enforcement
agency having custody of the watercraft for notification purposes as set forth
in Section 3C-5.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3C-7) (from Ch. 95 1/2, par. 313C-7)
Sec. 3C-7.
Reclaimed watercraft.
Any time before a watercraft is sold
at public sale or disposed of as provided in Section
3C-8, the owner, lienholder or other person legally entitled to its
possession may reclaim the watercraft by presenting to the law enforcement
agency having custody of the watercraft proof of ownership or proof of the
right to possession of the watercraft. No watercraft shall be released to
the owner, lienholder or other person under this Section until all towing
and storage charges have been paid.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-8) (from Ch. 95 1/2, par. 313C-8)
Sec. 3C-8.
Disposal of unclaimed watercraft.
(a) In cities having a
population of more than 500,000 inhabitants, whenever an abandoned, lost,
stolen or unclaimed watercraft or other watercraft remains unclaimed by the
registered owner, lienholder or other legally entitled person for a period
of 15 days after notice has been given as provided in Sections 3C-5 and
3C-6, the watercraft may be disposed of as provided in the
"Municipal purchasing act for cities of 500,000 or more population".
(b) Except as provided in subsection (a),
when an abandoned, lost, stolen or unclaimed watercraft 7 years
of age or newer remains unclaimed by the registered owner, lienholder or
other person legally entitled to its possession for a period of 30 days
after notice has been given as provided in Sections 3C-5 and 3C-6,
the law enforcement agency or towing service having possession of the
watercraft shall cause it to be sold at public sale to the highest bidder.
Notice of the time and place of the sale shall be posted in a conspicuous
place for at least 10 days prior to the sale, on the premises where the
watercraft has been impounded. At least 10 days prior to the sale, the law
enforcement agency where the watercraft is impounded, or the towing service
where the watercraft is impounded, shall cause a notice of the time and
place of the sale to be sent by certified mail to the registered owner,
lienholder and other persons known by the law enforcement agency or towing
service to be legally entitled to the possession of the watercraft. Such
notice shall contain a complete description of the watercraft to be sold
and what steps must be taken by any legally entitled person to reclaim the
watercraft. In those instances where the certified notification specified
in Sections 3C-5 and 3C-6 has been returned by the postal
authorities to the law enforcement agency or towing service due to the
addressee having moved, or being unknown at the address obtained from the
registration records of this State, the sending of a second certified
notice will not be required.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-9) (from Ch. 95 1/2, par. 313C-9)
Sec. 3C-9. Disposal of unclaimed watercraft without notice.
(a) When the identity of the registered owner, lienholder and other person
legally entitled to the possession of an abandoned, lost or unclaimed
watercraft of 7 years of age or newer cannot be determined by any means
provided for in this Article, the watercraft may be sold as provided in Section
3C-8 without notice to any person whose identity cannot be determined.
(b) When an abandoned watercraft of more than 7 years of age is
impounded as specified by this Article, it will be kept in custody for a
minimum of 10 days for the purpose of determining the identity of the
registered owner and lienholder, contacting the registered owner and
lienholder for a
determination of disposition, and an examination of the Illinois State Police stolen
watercraft files for the theft and wanted information. At the expiration
of the 10 day period, if disposition information has not been
received from the registered owner or the lienholder, the law enforcement
agency having jurisdiction will authorize the disposal of the watercraft
as junk.
However, if, in the opinion of the police
officer processing the watercraft, it has a value of $200 or
more and can be restored to safe operating condition, the law enforcement
agency may authorize its purchase for salvage and the Department of
Natural Resources may issue a certificate of title.
A watercraft classified as a historical watercraft may be
sold to a person desiring to restore it.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3C-10) (from Ch. 95 1/2, par. 313C-10)
Sec. 3C-10.
Police reports.
When a watercraft in the custody of a law
enforcement agency is
reclaimed by the registered owner, lienholder or other legally entitled
person, or when the watercraft is sold at public sale or otherwise disposed
of as provided in this Article, a report of the transaction will be maintained
by the law enforcement agency for a period of one year from the date of the
sale or disposal.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-11) (from Ch. 95 1/2, par. 313C-11)
Sec. 3C-11.
Disposition of proceeds.
(a) When a watercraft located
within the corporate limits of a city,
village or town is towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Article, the proceeds
of the public sale or disposition, after the deduction of towing, storage
and processing charges, shall be deposited in the treasury of such city, village or town.
(b) When a watercraft located outside the corporate limits of any city,
village or town is towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Article, the proceeds
of the public sale or disposition, after deducting towing, storage and
processing costs, shall be deposited in the county treasury of the county
where the watercraft was located at the time of the tow.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-12) (from Ch. 95 1/2, par. 313C-12)
Sec. 3C-12.
Titling watercraft.
When an applicant for a certificate of
title presents to the Department of Natural Resources
proof that he has purchased or acquired a
watercraft at a public sale as authorized by this Article and such fact is
certified by the law enforcement agency having jurisdiction over the
public sale of the watercraft, the Department shall issue a
certificate of title for the watercraft upon receipt of the statutory fee
and a properly executed application for a certificate of title. The title
issued by the Department under this Section shall be free
of any lien that existed against the watercraft prior to the time the
watercraft was acquired by the applicant under this Article.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3C-13) (from Ch. 95 1/2, par. 313C-13)
Sec. 3C-13.
Liability.
A law enforcement officer or agency, towing
service owner, operator or employee shall not be held
liable for damages in any action brought by the registered owner, former
registered owner or his legal representative, lienholder or any other
person legally entitled to the possession of a watercraft when the
watercraft was processed and sold or disposed of as provided by this Article.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-14) (from Ch. 95 1/2, par. 313C-14)
Sec. 3C-14.
Violations.
Any person who violates or aids and abets in
the violation of Section 3C-1 of this Act is guilty of a
petty offense, and may be required by the court to make a disposition on
the abandoned or unclaimed watercraft.
(Source: P.A. 84-646.)
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