Town of Copake, NY Upper Rhoda Pond

[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.[1]

[1]

Editor's Note: Original Sections 2 and 3, which contained provisions on the operation of boats and mufflers and safety equipment, which immediately followed this section, were deleted 6-13-1996 by L.L. No. 1-1996.

§ 172-10 Distribution of regulations.

[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.

§ 172-11 Penalties for offenses.

[Amended 6-13-1996 by L.L. No. 1-1996; 7-12-2007 by L.L. No. 3-2007]

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.

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.

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.