Anchoring Rights - Page 12 - SailNet Community
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post #111 of 158 Old 04-18-2007
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Larry and Letty,

Although not a lawyer, I've seen a lot of Judge Judy and in all those civil cases the law appears to require a contract in order for the plaintiff to prevail. Putting your boat on a mooring ball while you were away and then trying to charge you for it doesn't sound like there was an agreement between the two parties.

I would certainly ask them straight up what gives them the authority to bill me and if they can't cite some sort of statutory authority I'd let them know that I disagree about owing them money and they certainly have the right to prove it in court.

Ray
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1983 Fraser 41
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post #112 of 158 Old 04-18-2007
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erps makes a very good point... How exactly are they to charge you for a mooring, when you haven't agreed to pay for it. There was no contract or agreement between you and the mooring owner, so I can't see how you would owe anything. However, if there was any damage to your boat or ground tackle, I can see them being responsible for that, since they took it upon themselves to move your boat without your permission.

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post #113 of 158 Old 04-19-2007
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Sounds like good reasons to contact the SCCA who are based in FL and pushing to make the state follow it's own laws.

If your boat was was you say it was, and the dockmaster did what you say he did (and I'm not doubting you, I'm just trying to be objective) then you might be able to bring some interesting charges including felony charges for the "theft" of the boat, larceny for unlawful taking...who knows. If the SCCA doesn't have a good lawyer to share with you, you might still want to find one.

If you had any evidence of where you left the boat (bearings, GPS, etc.) you might wind up owning that dockmaster's shorts.
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post #114 of 158 Old 04-19-2007
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If the dockmaster who moved the boat did damage then you may be able to collect for the dammages but beyond that? What does he owe anything for?
You can hire a lawyer for $250/hour to get what?
You should be able to get the mooring ffe waived, assuming you moved off the mooring at the first possible time. Beyond all that, good luck.

Are you sure they are saying the moorings are for livaboards only? That seems strange. I wonder if they are asking 'are you a livaboard?' and then listing you as such in some sort of record in the state because the new Florida law is written to discriminate against a very narrowly defined concept of livaboards. But if you have stated in Marathon that you are a livaboard then by golly you are one! Careful what you ask for! Hopefully I'm just paranoid but it seems very strange they would only allow livaboards. I would think that a fair number of boats in the harbor are not, just transients.
This needs further sniffing...
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post #115 of 158 Old 04-19-2007
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If you were in violation of a local (not State) ordinance, then they (the local municipality) may have the "right" to go as far as to confiscate your vessel (within the guidelines of their ordinance). It makes absolutely no difference if the local ordinance violates state law. The local ordinance IS the law until a court strikes down the ordinance. And if you do decide to seek remedies from the courts; courts are always reluctant to hold municipalities liable for anything they did prior to the ordinance being set aside.

In other words, you are SOL. Pay the mooring fees and move on.

Last edited by stoutwench; 04-19-2007 at 09:09 PM.
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post #116 of 158 Old 04-19-2007
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In Vero...the requirement is not that you live aboard...but that you cannot leave your boat alone for more than 24-48 hours or so.
Maybe that is the requirement at Marathon. They have leased the bottom land from the state and have a 30 day limit on anchoring. They also removed several dozen derelict and abandoned vessels and cleared boats out of several areas of the harbor with notice to be able to install additional moorings. The Marathon council has designated the mooring primary use as live aboard and secondary use as transient. They have NO designated use as a standard non-lievaboard mooring for local residents and have specifically rejected that use. Sounds like they have the right to do whatever they want to a boat that is at anchor over 30 days and that the state has granted them the right to make the rules for the anchorage.
Kinda like parking your car in a restricted parking zone and then complaining about the towing bill cause you didn't see the sign. I think you are out of luck and must pay.
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post #117 of 158 Old 04-25-2007
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Well guys, after reading all this i feel like living in paradise here in Brazil. Nobody cares where you anchor as far as you don't do it in the passage chanels. Go any where and anchor any where you please. Get well come every where. Pay a small fee at marinas and yacht clubs for water and suplies. 5.000 miles of sailing ground with thousands of bays and islands to spend some time. Only in Ilha Grande bay there is 365 islands. One for each night of the year. Thanks god i am a brazilian citizen. Come and visit us. Every body is well come.
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post #118 of 158 Old 04-25-2007
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Sorry, forgot to say that you may stay anchored as long you want to.
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post #119 of 158 Old 04-25-2007
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Tudo bem, obrigado!
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post #120 of 158 Old 04-25-2007
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Roger-
There's a guy who posted a "whatever you do don't go to brazil" type thread on two other prominent forums, alleging his boat was more or less legally stolen by the Brazilian authorities.
You may find the tourist trade is down a bit this year.
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