Section 49 Grounding floating structure within harbor; penalty; sinking by accident
Section 49. Whoever grounds or abandons any vessel, scow, lighter or other floating structure within the limits of any harbor of the commonwealth or upon any property other than his own, along the shores of the commonwealth without the permission of the owner of said property, or permits other persons to do so, or whoever being the owner of, in whole or in part, or agent or other person exercising any control over, such vessel, scow, lighter or structure which has, or has been, so grounded or abandoned, fails to remove the same within such time as shall be designated in a written notice by the division of waterways of the department of environmental management, shall be punished by a fine of not more than ten thousand dollars. This section shall not apply in any case, where, by reason of accident, emergency, errors of navigation, or in order to prevent loss of life or the sinking of a vessel, scow, lighter or other structure, such vessel, scow, lighter or structure is or has been grounded within the limits of any harbor or on any of the shores of the commonwealth. The provisions of this section shall be enforced by the department of state police and by all other officers authorized to make an arrest. If, in any prosecution under this section, the defendant alleges that such structure was grounded or abandoned on property with the permission of the owner of said property, the burden of proving said permission shall be upon the defendant.