[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam 11-19-2001
by L.L. No. 12-2001. Amendments noted where applicable.]
The Village Board of the Village of Potsdam finds and declares that
it is in the best interest of the persons and property in the Village to adopt
regulations which will protect and enhance the physical and visual environment
while providing for the protection, order, conduct, safety, health and well-being
of persons and property in the Village. More specifically, the Village Board
finds that the use of personal watercraft on the Racquette River in the Village
of Potsdam has the following adverse effects: due to the small size of the
river, they create safety hazards for swimmers and other persons using the
river; they create environmental hazards and concerns, they create a noise
pollution problem for residents along the river; and that it is in the best
interests of the persons and property in the Village to adopt a local law
establishing a personal watercraft regulation zone, pursuant to the authority
under Village Law § 4-412 and Municipal Home Rule Law § 10,
in order to safeguard against the ill effect of their use. The purpose and
intent of this chapter is to establish a personal watercraft regulation zone
pursuant to authority under Village Law § 4-412 and Municipal Home
Rule Law § 10.
As used in this chapter, the following terms shall have the meanings
indicated:
A vessel which uses an inboard motor powering a water jet pump as
its primary source of motive power and which is designed to be operated by
a person sitting, standing or kneeling on, or being towed behind the vessel
rather than in the conventional manner of sitting or standing inside the vessel.
(See Navigation Law § 230.)
As described in this section is defined as all that body of water
within the boundaries of the Village of Potsdam.
The line at low-water mark of a body of water including the line
at low-water mark along the shore of any tributary, outlet, inlet or island
in or adjacent to the body of water.
There shall be a personal watercraft regulation zone on the Racquette
River. Reference is hereby made to the definition of "Racquette River."
Within the regulation zone defined in § 129-3 on the Racquette River, the use of personal watercraft shall be banned.
The regulations as set forth by this chapter shall be enforced by the
Potsdam Police Department.
There shall be constructed on the shore of each body of water designated in § 129-3 hereof, a signboard facing the water and bearing thereon in large letters "VESSEL REGULATION ZONE." Such signboard shall be conspicuously placed on the shore at such locations as the Village Board shall designate to indicate the boundary of the regulation zone. Each signboard shall also set forth the restrictions adopted herein, as now or hereafter amended.
Any person violating the regulations with regard to operating a personal
watercraft in the regulation zone shall be guilty of a violation. For the
first offense, there shall be a fine not to exceed $250. For a second offense
within a two-year period of time, there shall be imposed a fine not to exceed
$350. For a third offense within a four-year period of time, there shall be
imposed a fine of $500.