(a)  A vessel owner must be notified of the lien created by this chapter before enforcement of the lien by a facility operator. Notification of the lien created by this chapter is satisfied by:

(1)   Written storage agreement. A written storage agreement signed by the vessel owner that includes the following language in bold, capitalized font: “BEWARE — THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY STORAGE CHARGES PURSUANT TO THE DRY DOCK FACILITIES ACT, CHAPTER 46 OF TITLE 34.”; or

(2)   Written notice of lien. Written notification of the lien sent by the facility operator to the last known address of the vessel owner and, where applicable, to the last known address of the person or entity the facility operator has on record as being responsible for the vessel, if different from the vessel’s registered owner.

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Terms Used In Rhode Island General Laws 34-46-4

  • Dry dock: means any space and/or real property designed and/or used for the purpose of renting or leasing storage space for vessels. See Rhode Island General Laws 34-46-2
  • Facility: means a marina, boatyard, or marine repair facility that provides, as part of its commercial operation, the storage of vessels. See Rhode Island General Laws 34-46-2
  • Last known address: means that address provided by the owner in the latest storage agreement or the address provided by the owner in a subsequent notice of a change of address. See Rhode Island General Laws 34-46-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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. See Rhode Island General Laws 34-46-2
  • Owner: means a person, other than a lienholder, having a property interest in or title to a vessel. See Rhode Island General Laws 34-46-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Storage 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. See Rhode Island General Laws 34-46-2
  • 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 and shall include its appurtenances. See Rhode Island General Laws 34-46-2

(b)  A facility operator who does not have a written storage agreement that includes a notice of the lien created by this chapter may not initiate an enforcement action under § 34-46-5 until thirty (30) days after the delivery of written notice of the lien pursuant to this chapter.

History of Section.
P.L. 1994, ch. 162, § 3; P.L. 2021, ch. 102, § 1, effective July 1, 2021; P.L. 2021, ch. 103, § 1, effective July 1, 2021.