2018 Georgia Code Annotated

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Chap.

• 1. General Provisions, 52-1-1 through 52-1-39.
• 2. Georgia Ports Authority, 52-2-1 through 52-2-39.
• 3. Intracoastal Waterway, 52-3-1 through 52-3-12.
• 4. Canal Companies, 52-4-1 through 52-4-16.
• 5. Navigation Companies, 52-5-1 through 52-5-12.
• 6. Pilots and Pilotage, 52-6-1 through 52-6-54.
• 7. Registration, Operation, and Sale of Watercraft, 52-7-1 through 52-7-77.
• 8. Discharge of Substances Dangerous to Navigation or Property, 52-8-1 through 52-8-5.
• 9. River and Harbor Development, 52-9-1 through 52-9-2.
• 10. Foreign Trade Zones, 52-10-1 through 52-10-4.

Chapter 1. General Provisions, 52-1-1 through 52-1-39.

Article 1 Protection of Tidewaters.

• 52-1-1. Short title.
• 52-1-2. Legislative findings and declaration of policy; public trust doctrine for tidewaters.
• 52-1-3. Definitions.
• 52-1-4. Declaration of public nuisance.
• 52-1-5. Order for removal of structures; service and posting of order.
• 52-1-6. Hearings and review.
• 52-1-7. Seizure and removal of structures; notice; sale or disposal.
• 52-1-8. Remedies not exclusive.
• 52-1-9. Allowance of time for finding new residence.
• 52-1-10. Issuance of permit; term; revocation.

Article 2 Right of Passage.

• 52-1-30. Short title.
• 52-1-31. Legislative findings and declaration of policy.
• 52-1-32. Definitions.
• 52-1-33. Declaration of public nuisance.
• 52-1-34. Order for removal of structures; service and posting of order.
• 52-1-35. Hearings and review.
• 52-1-36. Seizure and removal of structures; notice; sale or disposal.
• 52-1-37. Remedies not exclusive.
• 52-1-38. Allowance of time for finding new residence.
• 52-1-39. Issuance of permit; term; revocation.

Chapter 2. Georgia Ports Authority, 52-2-1 through 52-2-39.

• 52-2-1. Short title.
• 52-2-2. Definitions.
• 52-2-3. Projects which may be considered self-liquidating; lease or sale of manufacturing or processing facilities; inclusion in projects of leased facilities and facilities acquired for use as ports.
• 52-2-4. Creation of authority; status of authority as an instrumentality of state and a public corporation.
• 52-2-5. Composition of authority; appointment, terms, and qualifications of members generally; filling of vacancies; election of chairperson, vice chairperson, and secretary-treasurer; quorum.
• 52-2-6. Compensation of members and reimbursement for expenses.
• 52-2-7. Making of rules and regulations; delegation of powers and duties; perpetual existence of authority.
• 52-2-8. Eligibility for membership.
• 52-2-9. Powers of authority generally.
• 52-2-10. Applicability of traffic laws; enforcement by peace officers; traffic citations; issuance of bench warrant upon failure of offender to appear; enforcement of dock related city ordinances; venue.
• 52-2-11. Power of authority to borrow money, to execute evidences of indebtedness, and to secure such indebtedness; sale and other disposition of property; utilization of proceeds of sale.
• 52-2-12. Funds for acquisition of land and construction of port facilities.
• 52-2-13. Approval and consent of State Properties Commission for acquisition of real property by authority.
• 52-2-14. Conveyance of Medical Depot site to authority; power to sell conveyed surplus lands and improvements; power to borrow and to issue revenue anticipation certificates.
• 52-2-15. Revenue bonds - Issuance; payment of principal and interest from special fund; dating of bonds; determination of rate of interest; time of maturity; redemption before maturity.
• 52-2-16. Revenue bonds - Form of bonds; denominations; place of payment of principal and interest.
• 52-2-17. Revenue bonds - Signatures; seal.
• 52-2-18. Revenue bonds - Status of bonds as negotiable instruments; tax exemption for bonds and for income therefrom.
• 52-2-19. Revenue bonds - Issuance in coupon, registered, or book-entry form.
• 52-2-20. Revenue bonds - Determination of price; use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects.
• 52-2-21. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds; replacement of mutilated, destroyed, or lost bonds.
• 52-2-22. Revenue bonds - Conditions precedent to issuance; application of bonds of a single issue to payment of one or more projects; effective date of resolutions providing for issuance; passage of resolutions.
• 52-2-23. Revenue bonds - Aid by Georgia State Financing and Investment Commission.
• 52-2-24. Revenue bonds - Status of bonds as a debt of state or a pledge of faith and credit of state; issuance as obligating state to levy tax or make appropriation; obligation of state and authority to pay principal and interest on bonds otherwise than from earnings of projects; recitals on face of bonds.
• 52-2-25. Revenue bonds - Securing of bonds by trust indenture.
• 52-2-26. Revenue bonds - Remedies of bondholders and trustee.
• 52-2-27. Revenue bonds - Protection of rights of bondholders.
• 52-2-28. Revenue bonds - Revenue refunding bonds.
• 52-2-29. Revenue bonds - Status of bonds as legal investments and as securities for deposits.
• 52-2-30. Revenue bonds - Confirmation and validation of bonds; venue of actions to confirm and validate bonds or to enforce rights under chapter.
• 52-2-31. Power of authority to fix, revise, and collect charges; factors governing determination of amount of rentals and other charges; creation, use, and disposition of sinking fund; cancellation of purchased or redeemed bonds.
• 52-2-32. Status of contracted-for rentals as obligations of state; payment of rentals; power of authority to enforce lessees' duty to perform covenants and obligations; assignment of rentals due.
• 52-2-33. Duty of authority to prescribe rules and regulations for operation of projects; duty of authority to impose and collect rentals and other charges for use of facilities of projects.
• 52-2-34. Acceptance of grants from federal agencies and of contributions of money and property from other sources.
• 52-2-35. Requirement as to competitive bidding for contracts for new construction.
• 52-2-36. Status of moneys received under chapter as trust funds; provision by authority for payment of moneys to designated trustee; investment of moneys; sale of investments and reinvestment.
• 52-2-37. Creation of authority and carrying out of authority's corporate purpose as constituting a public purpose; covenant with bondholders as to tax-exempt status of authority's property.
• 52-2-38. Construction of chapter.
• 52-2-39. Supplemental nature of chapter.

Chapter 3. Intracoastal Waterway, 52-3-1 through 52-3-12.

• 52-3-1. Purpose of chapter.
• 52-3-2 and 52-3-3. [Repealed].
• 52-3-4. Cooperation with federal government; acquisition of property and rights.
• 52-3-5. Exercise of power of eminent domain.
• 52-3-6. Seal; election of officers [Repealed].
• 52-3-7. Right of Department of Transportation to receive and use gifts and donations of money and property.
• 52-3-8. Procedure in cases where property required for right of way or spoil disposal areas has been leased for cultivation and gathering of oysters.
• 52-3-9. Claims for damages to oysters.
• 52-3-10. Power of Governor to assign assistant attorney general to assist commission [Repealed].
• 52-3-11. Right of Department of Transportation to enter lands in order to locate rights of way.
• 52-3-12. Effect of chapter on state's jurisdiction over lands affected by chapter; effect on service of process on such lands.

Chapter 4. Canal Companies, 52-4-1 through 52-4-16.

• 52-4-1. Filing of petition for incorporation; contents of petition; filing fee.
• 52-4-2. Issuance of certificate of incorporation.
• 52-4-3. Maintenance by Secretary of State of files and books regarding canal companies.
• 52-4-4. Time of commencement of corporate existence; duration of corporate existence.
• 52-4-5. Petitioners as constituting first board of directors; election of officers; prescription of rules and bylaws; opening books of subscription for capital stock.
• 52-4-6. Publication of notice upon subscription for all of capital stock and payment of 10 percent thereof; authorization for commencing transaction of business; personal liability of directors and stockholders.
• 52-4-7. Location of principal office.
• 52-4-8. Powers and duties of companies generally.
• 52-4-9. Right of corporation to increase or decrease capital stock.
• 52-4-10. Power of companies to enlarge works and appliances of canals and branch canals and to deepen and widen canals.
• 52-4-11. Furnishing of canal water by canal companies; charges for use of water.
• 52-4-12. Toll rates for use of canals.
• 52-4-13. Encroachment of canals upon public roads; construction and maintenance of bridges.
• 52-4-14. Mortgage, sale, or lease of canal, other properties, corporate rights, and franchises.
• 52-4-15. Disagreements as to compensation for taking of lands, tenements, or riparian rights pursuant to chapter.
• 52-4-16. Taxes applicable to canal companies.

Chapter 5. Navigation Companies, 52-5-1 through 52-5-12.

• 52-5-1. Granting of corporate powers and privileges by Secretary of State.
• 52-5-2. Filing of petition for incorporation; contents of petition; attachment of affidavit of incorporators; endorsement, recordation, and filing of petitions by Secretary of State.
• 52-5-3. Issuance of certificate of incorporation generally.
• 52-5-4. Time of commencement of corporate existence; payment of fee for issuance of certificate.
• 52-5-5. Duty of Secretary of State to assure company's compliance with chapter prior to issuance of certificate; certificate as constituting evidence of corporation's existence and compliance with chapter.
• 52-5-6. Organization of company; quorum; election of first board of directors; qualifications of directors; election and appointment of officers and agents; annual election of, and filling of vacancies on, board of directors.
• 52-5-7. Opening books of subscription for capital stock; restriction on increase of capital stock.
• 52-5-8. Manner of payment for stock; auction sale of stock upon default by subscriber; giving delinquent subscriber notice of auction sale.
• 52-5-9. Stock as constituting personal property; determination of manner of transfer of stock.
• 52-5-10. Procedure for increase of capital stock.
• 52-5-11. Powers of companies generally.
• 52-5-12. Adoption of chapter by companies incorporated prior to April 1, 1969, and by persons otherwise owning or operating a navigation business.

Chapter 6. Pilots and Pilotage, 52-6-1 through 52-6-54.

Article 1 Board of Pilotage Commissioners.

• 52-6-1. Composition of board; terms of commissioners.
• 52-6-2. Filling of vacancies on board.
• 52-6-3. Qualifications of commissioners.
• 52-6-4. Areas for which commissioners appointed.
• 52-6-5. Appointment of master pilot; duties of master pilot generally.
• 52-6-6. Right of commissioners to bring an action to recover forfeitures.
• 52-6-7. Manner of application of fines and forfeitures.
• 52-6-8. Keeping of records by board; designation of chairperson of board; keeping list of pilots whose licenses have been revoked; access of public to records.
• 52-6-9. Salary or fees of secretary.
• 52-6-10. Determination of location of office of commissioners; location of books, papers, and records of commissioners.
• 52-6-11. Rules and regulations; reciprocal pilotage in port of St. Marys and tributaries of St. Marys River.

Article 2 Pilots Generally.

• 52-6-30. Qualifications for pilot's license.
• 52-6-31. Number of pilots.
• 52-6-32. Restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting vessels.
• 52-6-33. Form of license; oath of pilot.
• 52-6-34. Pilots' bonds - Generally.
• 52-6-35. Pilots' bonds - Continuation of existing bonds; venue of actions on bonds; parties to actions.
• 52-6-36. Revocation of license for conducting or piloting vessel arrested under court process.
• 52-6-37. Authority of commissioners to suspend pilots, to revoke licenses, and to assess fines and penalties; grounds for suspension, revocation, fines, or other penalties.
• 52-6-38. Hearings before commissioners; enforcement of decrees and orders by execution or warrant of distress.
• 52-6-39. Issuance of subpoenas.
• 52-6-40. Failure of witness to answer subpoena.
• 52-6-41. Taking of interrogatories and depositions from nonresidents and seamen.
• 52-6-42. Appeal to superior court - Generally.
• 52-6-43. Appeal to superior court - Use of interrogatories and depositions.
• 52-6-44. Fees relating to hearings before commissioners.
• 52-6-45. Vessels to be under direction and control of licensed pilots; exemptions; use of docking pilots.
• 52-6-46. Pilotage fees - Fees for coastwise vessels [Repealed].
• 52-6-47. Pilotage fees - Time of payment; security for payment.
• 52-6-48. Pilotage fees - Requests or demands by pilots of fees different than those fixed by commissioners.
• 52-6-49. Liabilities and penalties for failure to take pilot or pay pilotage fees.
• 52-6-50. Fees of pilots aiding vessel in distress.
• 52-6-51. Right of pilot boat to one-third of inward and outward pilotage fee.
• 52-6-52. Liability for detaining pilots on vessels.
• 52-6-53. Compulsory retirement of pilots.
• 52-6-54. Acting as pilot without license; interfering with or disturbing licensed pilot.

Chapter 7. Registration, Operation, and Sale of Watercraft, 52-7-1 through 52-7-77.

Article 1 General Provisions.

• 52-7-1. Short title.
• 52-7-2. Declaration of policy.
• 52-7-3. Definitions.
• 52-7-4. Requirement as to numbering of vessels.
• 52-7-5. Numbering of vessels; requirements; fees.
• 52-7-6. Exemptions from numbering requirements.
• 52-7-7. Dealers' vessels.
• 52-7-7.1. Hull identification numbers required; penalty for violations.
• 52-7-7.2. Display of hull identification numbers on new vessels.
• 52-7-7.3. Seizure of vessels without hull identification numbers; seizure of related property; inspections.
• 52-7-7.4. Property not subject to replevin; report by law enforcement agency of seizure of property; procedures [Repealed].
• 52-7-7.5. Counterfeit hull identification numbers; penalty.
• 52-7-7.6. Exception to requirement for hull identification numbers.
• 52-7-8. Classification of vessels; required equipment.
• 52-7-8.1. Discharge of sewage from vessels on lakes; use of vessels with marine toilets on protected fresh waters; certificate and recordation requirements.
• 52-7-8.2. Restrictions on operation of personal watercraft.
• 52-7-8.3. Operation of watercraft; identification; operation by minors.
• 52-7-9. Boat liveries.
• 52-7-10. Exhausts to be muffled; exemptions; noise level testing.
• 52-7-11. Lights.
• 52-7-12. Operation of watercraft while under influence of alcohol, toxic vapors, or drugs; legal drug use not exempted; blood and other chemical tests; test refusal; owner's liability for allowing another to operate while intoxicated; civil and criminal actions; child endangerment.
• 52-7-12.1. Reckless operation of vessel or other water device.
• 52-7-12.2. Homicide by vessel.
• 52-7-12.3. Feticide by vessel.
• 52-7-12.4. Serious injury by vessel.
• 52-7-12.5. Ordering drug, alcohol, or other substance tests; implied consent notice; reports; suspension; hearing; certificate of inspection.
• 52-7-12.6. Terms of suspension; return of operating privilege; operation when suspended.
• 52-7-12.7. Suspension of privileges to operate a vessel upon waters of this state for violations of vessel laws.
• 52-7-13. Boating safety zones; restrictions on use of motors and operation of houseboats on certain lakes; exceptions.
• 52-7-14. Collisions, accidents, and casualties; salvage rights.
• 52-7-15. Furnishing information to federal officials and agencies.
• 52-7-16. Towing persons on water skis, aquaplanes, surfboards or similar device.
• 52-7-17. Speed and load restrictions; riding of bow or gunwale of vessel.
• 52-7-18. Rules of the road for boat traffic.
• 52-7-19. Regattas, boat races, marine parades, tournaments, and exhibitions.
• 52-7-20. Operation of vessels in vicinity of regulatory markers and aids to navigation; tampering with regulatory markers and aids to navigation.
• 52-7-21. Local regulations concerning operation, equipment, numbering, and other matters relating to vessels.
• 52-7-22. Comprehensive boating educational programs; required completion; exception.
• 52-7-23. Power of Board of Natural Resources to adopt rules and regulations.
• 52-7-24. Filing and publication of rules and regulations and amendments thereto.
• 52-7-25. Enforcement of article.
• 52-7-26. Penalty.

Article 1A Interstate Boating Violator Compact.

• 52-7-30. Compact enacted and entered into; provisions of compact.
• 52-7-31. Administration of compact; reciprocal suspension when operating privileges suspended in party state; Board of Natural Resources to publish rules and regulations; creation of compact manual.

Article 2 Displaying of Watercraft Information.

• 52-7-40. Definitions.
• 52-7-41. Requirement as to attachment of capacity plates to vessels generally.
• 52-7-42. Information to be marked on capacity plate.
• 52-7-43. Determination of maximum capacity.
• 52-7-44. Affixing of capacity plate by person other than vessel manufacturer; effect of such action on liability of manufacturer.
• 52-7-45. Information on capacity plate as constituting a warranty; nature of warranty.
• 52-7-46. Alternative compliance with article if affixing of capacity plate deemed impracticable or undesirable.
• 52-7-47. Exemption of watercraft by rules and regulations of Board of Natural Resources.
• 52-7-48. Promulgation of rules and regulations by Board of Natural Resources generally.
• 52-7-49. Exemption of watercraft manufactured for personal use.
• 52-7-50. Applicability of article.
• 52-7-51. Penalty.

Article 3 Abandoned Vessels.

• 52-7-70. Definitions.
• 52-7-71. Removal and storage of vessels; procedure.
• 52-7-72. Authority of peace officer to cause removal of unattended vessels; notifications; duties.
• 52-7-72.1. Penalty for failing to remove unattended vessel.
• 52-7-73. Lien on vessel; foreclosure in courts competent to hear civil cases.
• 52-7-74. Procedure for foreclosure.
• 52-7-75. Public sale of vessel; disposition of excess proceeds.
• 52-7-76. Issuance of certificate of title.
• 52-7-77. Payment of balance remaining after satisfaction of liens, security interests, and debts.

"INTERSTATE BOATING VIOLATOR COMPACT ARTICLE I. TITLE

ARTICLE II. DEFINITIONS Unless the context requires otherwise, the following definitions in this article apply throughout this compact and are intended only for the implementation of this compact:

ARTICLE III. FINDINGS, DECLARATION OF POLICY, AND PURPOSE a)Party states find that:

ARTICLE IV. PROCEDURES FOR ISSUING STATE a)A citation shall be issued in the same manner as if the person receiving such citation was a resident of the issuing state and shall not require the person to post collateral, subject to the exceptions contained in subsection (b) of this article, if the officer receives the person's personal recognizance.

ARTICLE V. PROCEDURES FOR HOME STATE a)Upon receipt of a report of failure to comply with the conditions and options expressly stated in a citation from the boating authority of the issuing state, the boating authority of the home state shall notify the violator, shall initiate a suspension in accordance with the home state's suspension procedures, and shall suspend the violator's license until satisfactory evidence of compliance with the conditions and options expressly stated in such citation has been furnished by the issuing state to the boating authority of the home state. Due process safeguards shall be accorded.

ARTICLE VI. RECIPROCAL RECOGNITION OF SUSPENSION a)A party state shall recognize a suspension of any person by any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, as if the violation on which the suspension is based occurred in such party state and could have been the basis for suspension in such party state.

ARTICLE VII. APPLICABILITY OF OTHER LAWS Except as expressly required by provisions of this compact, nothing in this compact shall be construed to affect the right of a party state to apply any of its boating laws to a person or circumstance or to invalidate or prevent any agreement or other cooperative arrangements between a party state and any other state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, concerning boating law enforcement.

ARTICLE VIII. COMPACT ADMINISTRATOR PROCEDURES a)For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of boating compact administrators is established. The board of boating compact administrators shall be composed of one representative from each party state to be known as the boating compact administrator. The boating compact administrator shall be appointed by the head of the boating authority and shall serve and be subject to removal in accordance with the laws of the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, the boating compact administrator represents. A boating compact administrator may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of the alternate's identity has been given to the board of boating compact administrators.

ARTICLE IX. ENTRY INTO COMPACT AND WITHDRAWAL a)This compact shall become effective when it has been adopted by at least two states, territories, or possessions of the United States, including the District of Columbia and the Commonwealth of Puerto Rico.

ARTICLE X. AMENDMENTS TO THE COMPACT a)This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of boating compact administrators and may be initiated by party states.

ARTICLE XI. CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes stated in it. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of a party state or the United States Constitution or the applicability of this compact to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected by it. If this compact is held contrary to the constitution of a party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters."

Chapter 8. Discharge of Substances Dangerous to Navigation or Property, 52-8-1 through 52-8-5.

• 52-8-1. Throwing stone, gravel, or other ballast into navigable waters.
• 52-8-2. Duty of pilots to report unlawful discharge of stone, gravel, or other ballast into bays and harbors.
• 52-8-3. Recovery of forfeiture; attachment and replevy of vessels.
• 52-8-4. Power of municipalities to prohibit throwing or depositing of substances which might lessen depth of navigable waters.
• 52-8-5. Power of municipalities to prohibit throwing or depositing of substances dangerous to navigation or injurious to vessels.

Chapter 9. River and Harbor Development, 52-9-1 through 52-9-2.

• 52-9-1. Projects for improving navigation channels.
• 52-9-2. Disposal of sand and sediment originating from water navigation related projects.

Chapter 10. Foreign Trade Zones, 52-10-1 through 52-10-4.

• 52-10-1. "Public corporation" defined.
• 52-10-2. Application by public corporation to establish and operate foreign trade zone.
• 52-10-3. Application by private corporation to establish and operate foreign trade zone.
• 52-10-4. Authority to establish and operate foreign trade zone; conditions and restrictions of act of Congress.