[Amended 8-21-1974]
All gasoline- or other fuel-powered motors and/or
motor boats are hereby and forever prohibited from operation upon
Upper Rhoda Pond in the Town of Copake. Nothing herein contained shall,
however, prohibit the use of electric or battery powered non-fuel-burning
propulsion motors upon said lake.
[Amended 6-13-1996 by L.L. No. 1-1996]
Every person, firm, corporation or other legal
entity who shall provide for hire any boat propelled by gasoline or
other motor power for use on said Upper Rhoda Pond or who shall provide
boat-launching facilities or boat-docking facilities at said Upper
Rhoda Pond shall deliver a copy of this article to all persons hiring
said boats and to all persons using said launching facilities or said
docking facilities. For the purposes of the implementation of this
section, copies of said article shall be available to those persons,
firms, corporations or other entities affected by this section at
the office of the Town Clerk of the Town of Copake upon payment of
a fee as may be set from time to time by resolution of the Town Board.
[Amended 6-13-1996 by L.L. No. 1-1996; 7-12-2007 by L.L. No.
3-2007]
A. Any person, firm or corporation who is guilty of a
violation of this article shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or both. Each day after notice that a violation
continues shall be deemed a separate offense. In addition, a civil
penalty of $100 per day may be assessed for any such violation, which
civil penalty shall be recovered by the Town of Copake in a civil
action.
B. Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person found guilty
of such an offense.
C. Appropriate actions and proceedings may be taken at
law or in equity to prevent or remedy unlawful violations or infractions
of any portion of this article, and these remedies shall be in addition
to penalties otherwise prescribed by law.