(A) It is unlawful to abandon a watercraft or outboard motor on the public lands or waters of this State or on private property without permission of the property owner. This section does not apply to persons who abandon a watercraft in an emergency for the safety of the persons onboard; however, after the emergency is over, the owner and operator of the abandoned watercraft shall make a bona fide attempt to recover the watercraft.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned up to thirty days, or both. In addition, the owner must remove the abandoned watercraft within fourteen days of conviction. The magistrates and municipal courts are vested with jurisdiction for cases arising under this section.
(C) An abandoned watercraft as identified by the department may be removed at the risk and expense of the owner and disposed of by any governmental agency that has jurisdiction over the area where the abandoned watercraft is located.
(D) The department must conduct investigations of any watercraft subject to the provisions of this section to determine the status of the watercraft as abandoned. The department must send written notice and make additional reasonable efforts to notify the last known owner, if any, of the status of the watercraft. If efforts to notify fail, then the department must post a notice on the watercraft advising that the watercraft is abandoned. If the owner claims the watercraft within forty-five days of the date the notice is posted, the watercraft is not considered abandoned.
(E) A watercraft identified by the department as abandoned for at least ninety days may be claimed by any person or entity as abandoned property.
HISTORY: 2008 Act No. 321, Section 4, eff 6 months after approval (approved June 16, 2008); 2011 Act No. 21, Section 1, eff May 9, 2011.
Effect of Amendment
The 2011 amendment rewrote subsection (C); and added subsections (D) and (E).
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 21 - Equipment And Operation Of Watercraft
Section 50-21-10. Definitions.
Section 50-21-20. Legislative declaration of policy.
Section 50-21-30. Watercraft laws and ordinances; special rules and regulations.
Section 50-21-40. Administration of chapter.
Section 50-21-45. Administration of oaths; acknowledgment of signatures.
Section 50-21-70. Limit on expenses and costs of administration.
Section 50-21-80. Enforcement of provisions of chapter; authority to issue summons or make arrests.
Section 50-21-90. Boating safety and educational program.
Section 50-21-100. Records to be kept by owners of boat liveries.
Section 50-21-105. Towing of watercraft by department.
Section 50-21-110. Negligent operation of water device; offense; penalties.
Section 50-21-111. Reckless operation of water device; offense; penalties.
Section 50-21-117. Operation of water device while privileges suspended; offense; penalties.
Section 50-21-146. Discharging firearm at boat landing or ramp prohibited.
Section 50-21-160. Disposition of fees and fines.
Section 50-21-180. Riding surfboard near fishing piers.
Section 50-21-190. Abandoning watercraft or outboard motor; penalty; removal.
Section 50-21-820. Water skiing, surfboarding, and similar activity prohibited during certain hours.
Section 50-21-830. Exemptions.
Section 50-21-850. Ski belt, life preserver, or similar equipment required; exceptions.
Section 50-21-855. Enforcement of regulations affecting windsurfers and sailboarders.
Section 50-21-860. Restrictions on use of airboats.
Section 50-21-870. Personal watercraft and boating safety.
Section 50-21-1010. Regulation of regattas, races, and similar exhibitions.