Pennsylvania § 5702 - Definitions.

§ 5702. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abandoned boat." A boat that is presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:

(1) the boat is physically inoperable and left unattended on waters of this Commonwealth or other public property for more than 48 hours;

(2) the boat has remained illegally on waters of this Commonwealth or other public property for more than 48 hours;

(3) the boat is left unattended on or along waters of this Commonwealth or other public property and does not bear a valid registration; or

(4) the boat has remained on the private property of a salvor for more than 30 calendar days.

"At-risk boat." As follows:

(1) A boat that is at risk of becoming a derelict boat.

(2) The term may involve any of the following circumstances:

(i) The boat is taking on or has taken on water without an effective means to dewater.

(ii) The boat remains on waters of this Commonwealth or other public property during an extreme weather event.

(iii) The boat has broken loose or is in danger of breaking loose from its current location.

(iv) The boat does not have an effective means of propulsion for safe navigation.

"Derelict boat." A boat that is on the waters of this Commonwealth or other public property and may involve any of the following circumstances:

(1) The boat is sunk or partially sunk.

(2) The boat is aground without the ability to extricate itself absent mechanical assistance.

(3) The boat remains on waters of this Commonwealth or other public property after a boating accident or fire.

(4) The boat is in a neglected or deteriorating condition such that the boat's hull, steering or propulsion systems are compromised due to missing, incomplete, damaged, broken or inoperable components.

"Law enforcement agency." An agency that employs a law enforcement officer.

"Law enforcement officer." Any of the following:

(1) A member of the Pennsylvania State Police.

(2) An individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

(3) An agent of the Office of Attorney General as described under paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions).

(4) A sheriff or a deputy sheriff.

(5) "Waterways conservation officers" or "deputy waterways conservation officers" as those terms are defined under 30 Pa.C.S. § 102 (relating to definitions).

(6) An "officer" as defined under 34 Pa.C.S. § 102 (relating to definitions).

(7) An individual employed by the Department of Conservation and Natural Resources who is vested with powers of arrest under section 302(c) or 303(a)(7) of the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act.

(8) An "agent" as defined in 61 Pa.C.S. § 6101 (relating to definitions).

(9) An individual employed by the Department of Corrections Bureau of Investigations and Intelligence holding a police officer commission under the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups."

"Municipality." A county, city, borough, incorporated town or township of this Commonwealth.

"Salvor." A "vehicle salvage dealer" as that term is defined in 75 Pa.C.S. § 1337(c)(2) (relating to use of "Miscellaneous Motor Vehicle Business" registration plates), and holds a current, valid certificate of authorization issued by the Department of Transportation under 75 Pa.C.S. § 7302 (relating to certification of authorization).