4-05/030.00 - Boats

4-05/030.00
BOATS

All boating accidents and/or incidents which occur on those waters outside this State's jurisdiction are the exclusive responsibility of the U.S. Coast Guard.  The State’s jurisdiction includes all waters landward from the three mile limit in the Pacific Ocean and includes a three-mile limit around the off-shore islands.

All violations of federal law occurring on those waters, as indicated above, are the exclusive responsibility of the FBI, Treasury Department, Drug Enforcement Administration, etc.

When any such boating accident and/or incident or violation of Federal law is discovered by, or brought to the attention of, this Department, immediate notification shall be made to the appropriate federal agency; however, this does not abrogate or limit this Department's responsibility to render all possible aid to persons and/or vessels in distress, or to render assistance when so requested by competent authority.

NOTE:  State criminal statutes do not apply on waters under exclusive jurisdiction of the United States.

Accident/Incident, --Death or
disappearance
of person as aresult of

SH-R-49
URN
49
SH-R-12
(if applicable)URN
40

Homicide Bureau

A

The following procedures shall apply to all boating accidents and/or incidents which occur on the waters within this State's jurisdiction involving the death or disappearance of a person.  If in our jurisdiction, notify Homicide Bureau and Special Enforcement Bureau immediately.

Notify Emergency Services Detail and the U.S. Coast Guard, Sector Los Angeles/Long Beach (800) 221-8724 or (310) 521-3801 (if applicable), as soon as possible, and give the following information:

• Date, time and location of occurrence (approximate position and distance from known landmarks and compass headings, if available);
• Registration number or name of the vessel as documented;
• Names of victims;
• Contact information of handling Deputy or Detective; and
• Request for assistance, if needed.

Notification to the Coast Guard is required for all accidental deaths occurring aboard commercial vessels.

The person making the notification shall record the notification time and date, as well as the name and rank or title of the person contacted.  This information shall be included in the Deputy's report.

Code 494 - Person Dead, Recreational Accident or see Person Missing (40).

In all cases involving the death or disappearance of a person from a vessel, the report shall include the following:

• Date, time and location of occurrence (approximate position and distance may be necessary);
• Name of each person who died or disappeared;
• Registration number or name of the vessel as documented; and
• Names and addresses of the owner and operator.

In all cases involving the death or disappearance of a person from a vessel, a copy of the approved report shall be forwarded to the State of California, Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95815, Fax (916) 263-0703.

In all boating accidents, when there is a crime which is connected with the boating accident, but not a part of the accident itself (e.g., robbery, burglary, possession of narcotics, weapons violations, etc.), a crime report shall be made.  (Refer to appropriate sections of Case Assignment and Reporting Volume.)

--As a result of scuba diving

In all cases involving death or disappearance, of person(s) as a result of scuba diving from a vessel only, the above procedures shall be followed.

In those cases involving death, disappearance, or injury of person(s) as a result of scuba diving other than from a vessel, see appropriate classification under "Person Dead," "Person Missing," or "Accidents, Miscellaneous."Above notification shall be made within 24 hours of occurrence.

--Injury involved

See section 4-19/015.00 - Person Injured/Ill - Boating Accident.

--Reports, Owner/
Operator
Responsibility

Concerned operator(s) or owner(s) shall be advised that a written report shall be submitted on the California Boating Accident Report (Form A-1), provided by the Department of Boating and Waterways, directly to the State of California, Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95815, within 48 hours if:

• A person dies within 24 hours of the occurrence;
• A person dies or disappears;
• A person is injured requiring medical attention beyond first aid; and
• The total property damage is in excess of $500 or involves the complete loss of a vessel.

--Miscellaneous

In all other cases involving injury or property damage, the report is to be made within 5 days of occurrence.

In all boating accidents and/or incidents where no crime is committed (e.g., property damage, fire, injury to person, lost or found property, citizen complaint or negligent operation, etc.), an incident report shall be made.  Refer to appropriate sections of the Case Assignment and Reporting Volume.

Registered;

Stolen, Embezzled

DBW SVR-5a
URN
08 or 33

Station/Unit
Detective

A

Send a broadcast via JDIC to Orange County Sheriff's Office, Ventura County Sheriff's Office and XLOC (all of Los Angeles County).

Embezzled boats – Station/Unit detectives shall authorize the state notification and a JDIC message when warrant obtained, 752 H&N Code.

Code as applicable:

080 - Grand Theft - Boat.
330 - Embezzlement - Felony.

Station/Unit detectives will handle investigation of the case.

In cases where loss is under $400, use retention (1) and code as applicable:

165 - Embezzlement - Misdemeanor.
382 - Petty Theft - Boat.

Make entry into DOJ Automated Boat System (ABS).  DMV has a boat registration file with CF numbers for reference only.

--Lost

DBW SVR-5a
URN
44

Station/Unit
Detective

A

Make entry into DOJ ABS.

Code 442 - Lost Property.

--Recovered,
impounded,stored, released

DBW SVR-5b
URN
73

Station/Unit
Detective

A

If recovery of Department reported stolen use original URN.

Boats on trailers found in violation of existing ordinance or upon complaint shall be stored by the tow agency servicing Station/Unit area.  CHP-180 is the complaint report for trailers, DBW SVR-5b is the complaint report for boats.

BOATS AFLOAT:

Marina del Rey Station Only:  Recovered or impounded for violation of existing ordinance or upon complaint shall be placed in custody of the harbormaster at a County facility until released to the owner after payment of fees due; which shall be assessed and collected by an agent of the Sheriff based on an approved fee schedule and proof of ownership.  DBW SVR-5b is the complaint report.

Fees collected shall be deposited to the Sheriff's Miscellaneous Fund.

Two months after all efforts have been made to notify owners of boats stored at a County facility, those boats shall be considered abandoned and assigned to Central Property for disposition.

All other Stations/Units:  Recovered or impounded on bodies of water under County jurisdiction for violation of existing ordinance or upon complaint shall be stored at available commercial facilities adequate for safeguard, until released to the owner.  Owner of vessel shall be responsible for payment of fees incurred by such storage.  DBW SVR-5b is the complaint report.

Code as applicable:

732 - Boat Recovered (LASD jurisdiction).
733 - Boat Recovered (Other jurisdiction).
735 - Boat Stored/Impounded.

Unregistered,
Grand Theft,
Petty Theft

DBW SVR-5a
URN
08 or 38

Station/Unit
Detective

A

On theft of a vessel, the Station/Unit shall send a broadcast via JDIC to Orange County Sheriff's Office, Ventura County Sheriff's Office and XLOC (all of Los Angeles County).

Boats not having CF or registration numbers, but which have an inscribed Owner Applied Number (OAN), i.e., Driver's License or Social Security Number, may be input into DOJ Automated Boat System, using the OAN.

Code as applicable:

080 - Grand Theft - Boat.
382 - Petty Theft - Boat.

Unregistered,
Found Property,
Lost Property, etc.

DBW SVR-5b
URN
44

Station/Unit
Detective

A

On loss of a vessel, the Station/Unit shall send a broadcast via JDIC to Orange County Sheriff's Office, Ventura County Sheriff's Office and XLOC (all of Los Angeles County).

Notification to owners regarding recovered or found boats shall be made by the Station/Unit detectives, as applicable.

NOTE:  If recovery of Department reported stolen item, use original crime URN.

Code as applicable:

442 - Property Lost/Found/Recovered.
447 - Abandoned Boat.