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23-10-2008, 12:28
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#1
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Registered User
Join Date: May 2007
Posts: 13
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Anchoring laws- Alabama
Last week I got a "warning citation" from the Alabama Marine Police for "anchoring on state bottoms for an unreasonable period of time". A little background first. I live 4 hours away from my boat and I typically anchor out in a creek when the first hurricane threatens ( Most marinas here require you to evacuate). I leave it there until I feel the season is over (30-60 days). This being the tail-end of hurricane season I was going to move it about 1November, but that is apparently not soon enough for the enforcers. My questions are these: 1) What is a reasonable period to anchor? 2) Who decides what is reasonable? 3) What code or law did I break and where is it written? 4) Is Alabama becoming like Florida? The Marine Police do not seem to have answers to any of these questions.
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23-10-2008, 12:52
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#2
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Registered User
Join Date: Mar 2003
Location: Wherever the boat is!
Boat: Marine Trader 34DC
Posts: 4,619
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Only your local authorities can answer those questions since they made the laws. You could of course ignore the warning, let them give you a citation and fight it in court which you may or may not win. It is becoming a problem in many states and I really don't know what the answer is except for a large group of boat owners to spend the money to get counsel and fight it out in court state by state, but that ain't gonna happen.
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23-10-2008, 13:01
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#3
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 49,082
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For information on Alabama boating law refer to the Alabama Marine Police at:
Alabama Department of Conservation and Natural Resources
and the Code of Alabama at;
Code Of Alabama.
Or contact the Alabama Department of Conservation and Natural Resources
Marine Police Division
Headquarters
P.O. Box 301451
Montgomery, AL 36130-1451
334-242-3673
M. N. Pugh, Director
District Offices
DISTRICT I HEADQUARTERS
4242 Aubrey Carr Scenic Drive
Beach Pavilion
Guntersville, AL 35976
256-582-1099
1-888-903-7659
DISTRICT II HEADQUARTERS
1830 Constellation Avenue
Alpine, AL 35014
256-268-2570
1-800-499-1667
DISTRICT III HEADQUARTERS
126 Marina Road
Alexander City, AL 35010
256-329-2268
1-800-432-7389
DISTRICT IV HEADQUARTERS
27557 Larry C. Kelley Lane
Orange Beach, AL 36561
251-981-2673
1-888-903-2583
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"
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23-10-2008, 13:08
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#4
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Registered User
Join Date: May 2007
Posts: 13
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I'v been to all those sites...even searched the "code". Nothing found. WTF?
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23-10-2008, 13:11
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#5
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 49,082
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If the "warning" doesn't cite chapter and verse, you'll have to ask the Marine police to clarify their position.
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"
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23-10-2008, 13:20
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#6
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Moderator Emeritus
Join Date: Sep 2007
Location: Eastern Tennessee
Boat: Research vessel for a university, retired now.
Posts: 10,406
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Ask the officer for the number of the code section that you supposedly violated. This is required when an officer accuses someone of breaking the law.
__________________
David
Life begins where land ends.
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23-10-2008, 14:26
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#7
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Registered User
Join Date: May 2007
Location: Bradenton Beach, Florida
Boat: 27' Albin Vega - mangomuffins
Posts: 277
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The bottom doesn't belong to the state, it belongs to you, us... WE ARE the state.
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23-10-2008, 14:47
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#8
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Registered User
Join Date: Mar 2003
Location: Wherever the boat is!
Boat: Marine Trader 34DC
Posts: 4,619
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Now Gord, do you reeeaaaallllyyy think anyone is going to wade through all of that?
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23-10-2008, 18:08
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#9
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Eternal Member
Join Date: Aug 2006
Location: North of Baltimore
Boat: Ericson 27 & 18' Herrmann Catboat
Posts: 3,798
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That argument and 2.75
Will get you a starbucks (blechhhhh!!!!!)
Quote:
Originally Posted by mangomuffins
The bottom doesn't belong to the state, it belongs to you, us... WE ARE the state.
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23-10-2008, 19:24
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#10
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Registered User
Join Date: Mar 2006
Location: West Palm Beach, Florida
Boat: Gulfstar 44 Sloop
Posts: 648
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Actually, Mangomuffins is right. Navigable water is Federal, and therefore belongs to all of us. The Feds generally cede their rights of stewardship to the State (in Florida it's called "sovereign land"). However, the State cannot claim for itself any rights not provided for within the Federal Statutes.
I'd suggest parsing the Fed Statutes and printing out the relevent parts to quote. The ICW also has different rules. It's been my experience that saying something along the lines of, "It's my understanding from reading Florida Statute 372.53 that a vessel may remain moored. . .blah blah." Law enforcement is generally not that up on the statutes and frequently rely on intimidation and assume ignorance on the part of the citizen (though ideas of citizenry and citizen's rights are really being watered down and neutered here as of late). In other words, respectfully citing your understanding of a statute and then asking the officer to correct your interpretation will probably result in his flexing a bit and then backing down.
My two cents (and I'm not a lawyer).
__________________
Starfish
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23-10-2008, 19:30
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#11
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Registered User
Join Date: Feb 2005
Location: Fairhope, Alabama
Posts: 89
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I live in Mobile, Alabama. It seems that the laws change by the season or who you get stopped by that day.
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23-10-2008, 19:34
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#12
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Registered User
Join Date: Aug 2007
Posts: 1,076
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Hearing this kind of nonsense really bugs me.. I can fully understand if the boat or vessel was totally crumbling down and causing all sorts of harmful leakage, but just to harass you because.... Isn't there enough things going on to occupy the police then to bug normal citizens on petty things such as these?? Especially knowing that it is a federal therefore our jurisdiction.
Oh well, another thing to complain about for me I guess.. Good luck with your rebuttal and let us know how it turns out.
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24-10-2008, 12:49
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#13
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Registered User
Join Date: Aug 2008
Location: En route to St. Petersburg
Boat: 1984 Westerly Sealord 39
Posts: 174
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Quote:
Originally Posted by capn-d
4) Is Alabama becoming like Florida?
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Like Florida how? By Florida state law, anchoring is allowed pretty much anywhere. The beaches and coastal waters are all public. If a municipality attempts to limit anchoring, they are in violation of state law. If you get cited in Florida, take it to court and you'll win.
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24-10-2008, 13:45
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#14
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Registered User
Join Date: Mar 2006
Location: West Palm Beach, Florida
Boat: Gulfstar 44 Sloop
Posts: 648
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Quote:
Originally Posted by kevingy
Like Florida how? By Florida state law, anchoring is allowed pretty much anywhere. The beaches and coastal waters are all public. If a municipality attempts to limit anchoring, they are in violation of state law. If you get cited in Florida, take it to court and you'll win.
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Yeah, but local police are using the "marine sanitation device" federal regs to come on board and basically harass people into moving on. Our tax dollars hard at work.
__________________
Starfish
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10-11-2008, 13:41
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#15
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Registered User
Join Date: May 2007
Posts: 13
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Here is the specific "administrative rule" for which I was cited. As I read this (with no legal background) it appears that it is illegal to anchor in Alabama (all non-federal waters are "state bottoms") unless you own the adjacent property.
Any lawyers out there?
2204.
08 Vessel Mooring Restrictions. Vessel operators
without riparian access rights are prohibited from mooring on
stateowned
submerged water bottoms adjacent to corresponding
upland locations for any period of time beyond any immediate
water transit needs necessitating a temporary cessation in such
transit. Indefinite mooring of such vessels shall be prohibited.
The penalty for the violation of this rule is as provided in
§914,
Code of Ala. 1975.
Author: James D. Martin
Statutory Authority: Code of Ala. 1975, §9212.
August 3, 1998; effective September 8, 1998.
PENALTY: As provided in §914,
Code of Ala. 1975.
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