[HISTORY: Adopted by the Town Board of the Town of Sand Lake: Art.
I, 8-11-1988. Amendments noted where applicable.]
[Adopted 8-11-1988]
A.
Big Bowman Pond in the Taborton region of the Town of
Sand Lake is only approximately 30 acres in size, being 2,500 feet in length
and 900 feet in width at its longest and widest points.
B.
Historically and at present no motorized boats or vessels
are used on this body of water, and a gentlemen's agreement to this effect
has been in existence for as long as the residents of the region can remember.
C.
By virtue of its size and its shallow and variable depth,
the recreational use of the pond is incompatible with motorized craft.
D.
The health of residents of the town would be jeopardized
and placed at risk by the use of motorized craft on this pond because a number
of residents use its water for drinking and household purposes, and studies
have shown that the exceptionally good quality of this water makes it suitable
for this purpose.
E.
The predominant recreational uses of the pond, such as
swimming, sailing, rowing, canoeing, scuba and snorkel diving, etc., would
make those enjoying these activities unsafe and at risk if mechanically propelled
vessels were allowed to be present.
F.
Although the town is blessed with many lakes and streams,
Bowman Pond is unique because of its size, location, fragile ecosystem and
the quality of its waters, and it has been recognized by independent experts
as an intact mountain pond habitat, vulnerable to disturbance and the introduction
of aquatic life often carried by motorized craft.
G.
The Bowman Lake Association, Inc. and the vast majority
of owners of property abutting the pond have requested the adoption of an
ordinance prohibiting the use of motorized boats or watercraft.
As used in this article, the following terms shall have the meanings
indicated:
Includes a vessel having a source of power other than propulsion
by wind-propelled sail or human-propelled oar or paddle. The term shall also
include a craft temporarily or permanently equipped with a detachable motor,
commonly known as an "outboard motor boat."[1]
The body of water commonly known as Big Bowman Lake or Pond is hereby
recognized and designated as a unique ecological and human resource of the
Town of Sand Lake, and, in order to protect this resource, and the health,
safety and welfare of the people of the town, the following rules shall govern
its use:
A.
No motorized or mechanically propelled vessel or watercraft
shall be operated on the waters thereof.
Any person, firm or corporation who or which shall violate any of the
provisions of this article or any rule or regulation made pursuant thereto
shall, upon conviction thereof, be subject to a civil penalty of not more
than $250. Each day during or on which a violation of this article shall occur
shall be deemed to be a separate and distinct offense.
