Town of Copake, NY Upper Rhoda Pond

[Amended 8-21-1974; 4-13-2023 by L.L. No. 5-2023]

All gasoline- or other fuel-powered motors and/or motorboats are hereby prohibited from operation upon Upper Rhoda Pond in the Town of Copake, except where a written waiver is granted pursuant to Subsection B of this section. Nothing herein shall, however, prohibit the use of electric or battery powered non-fuel-burning propulsion motors upon said lake.

The Code Enforcement Officer is authorized to grant any person or entity a written waiver from the prohibition set forth in Subsection A of this section upon demonstration by such person or entity that the use of a gasoline- or other fuel-powered motor and/or motorboat is in furtherance of a bona fide environmental remediation or invasive species control program. Such written waiver shall only be granted upon submission of a written application therefor, which shall include a written plan detailing the bona fide environmental remediation or invasive species control program activities to be undertaken. The written waiver shall be issued for a definite period of time (not to exceed 90 days) to be set by the Code Enforcement Officer based upon the schedule for such program activities as set forth in the application, which period of time may be extended upon application to the Code Enforcement Officer demonstrating the need for such extension. The written waiver shall identify by appropriate means, such as serial number, registration number, or other sufficient description, the specific gasoline- or other fuel-powered motors or motor boats that are authorized to operate upon Upper Rhoda Pond pursuant to the written waiver. The written waiver shall be maintained in the principal office of the person or entity to whom it was issued. One copy of the written waiver shall also be maintained and available for inspection at all times on each subject motorboat to which it applies while it is being launched into, docked on, operated upon, or removed from Upper Rhoda Pond. The Town Board may, by resolution, set an application fee for submission of an application for a written waiver and/or for submission of an application for an extension.[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.