It is intent of this article to regulate the installation and
use of ice retardant systems on all waterfront properties within the
Town of Warwick for the protection of persons and property and to
provide for the public health, safety, and welfare of the Town of
Warwick and its inhabitants.
As used in this article, the following terms shall have the
meanings indicated.
AFFECTED AREA OF ICE
The area of the water body or ice surface disturbed by the
operation of an ice retardant system. Said disturbed or affected area
includes open water, weakened ice (excessively cracked), thin ice
(less than four inches in depth) and area where adjacent ice is covered
by a film of water.
ICE RETARDANT SYSTEM
A mechanical device(s) or a series of mechanical devices
designed to retard or prevent the formation of ice in or around lakefront
structures. Said devices utilize as their mode of operation one or
more of the following mechanisms: pumped air, artificial water turbulence
or the addition of heat to the water body.
OWNER or OPERATOR
The owner of record of a tract of land according to the tax
rolls of the Town of Warwick or any person occupying said premises
or utilizing the property.
PERSON
An individual, association or individuals, corporation or
partnership.
PIERHEAD LINE
A line running parallel to the bulkhead line and extending
not more than 40 feet from said bulkhead line beyond which no dock,
pier, marina, or other structure, permanent or temporary, floating
or affixed to shore or lake bottom, may be located.
PROTECTED STRUCTURE
Any lakefront or within-lake structure which the ice retardant
system is designed to protect. Such protected structures include but
are not limited to docks, piers, bulkheads, catwalks, seawalls, and
boathouses.
Upon written application, with supporting documentation, the
Town Board may, by resolution, waive the requirements of this article
in situations of hardship or exceptional public necessity. "Exceptional
public necessity" shall include but not limited to a necessity to
maintain an open channel of water for access to island lakefront homes.
In adopting the resolution, the Town Board may specify requirements
as to markings and lighting. Such requirements can include but are
not limited to requiring buoys to be placed in the frozen water body
to clearly mark the approach, requiring nighttime illumination or
fishing lights to indicate that open water is present, limiting the
size of the affected ice area to the minimal levels of insurance requirements.
Such written application shall be placed' on the next available
Town Board Meeting agenda for consideration.
Compliance and/or noncompliance with the requirements of this
chapter shall not preclude any civil action for damages and/or injunctive
relief arising from conduct resulting in injuries arising from the
operation of an ice retardant system.