Dry Dock Facilities

SECTION 34-46-2

§ 34-46-2. Definitions.

As used in this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) "Default" means the failure to pay obligations incurred by the storage of a vessel.

(2) "Dry dock" means any space and/or real property designed and used for the purpose of renting or leasing storage space for vessels.

(3) "Facility" means a marina, boatyard, or marine repair facility that provides, as part of its commercial operation, the storage of vessels.

(4) "Last known address" means that address provided by the owner in the latest rental agreement or the address provided by the owner in a subsequent notice of a change of address.

(5) "Lien holder" means a person holding a security interest.

(6) "Operator" means the proprietor, operator, lessor, or sublessor of a dry dock facility, his or her agent, or any other person authorized by him or her to manage the facility or to receive rent from the owner under a rental agreement.

(7) "Owner" means a person, other than a lienholder, having a property interest in or title to a vessel. The term includes a person entitled to use or have possession of a vessel subject to an interest in another person, reserved, or created by agreement and securing payment or performance of an obligation, but it does not include a lessee under a lease not intended as security.

(8) "Personal property" means movable property not affixed to land and includes, but is not limited to equipment, goods, furniture, and household items whether affixed to the vessel or not.

(9) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the storage of a vessel in a dry dock facility.

(10) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on water and any personal property located thereon.

History of Section.
(P.L. 1989, ch 369, § 1; P.L. 1994, ch. 162, § 1.)