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Sec. 12-12.  Usage of and access to town-owned water bodies.
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(a) All usage of and access or entry upon any water bodies located on any town-owned parcels are hereby prohibited. All such water bodies and town-owned water bodies shall be posted with appropriate notice of such prohibition. Fishing at such town-owned parcels and water bodies is permitted, provided, however, that any or all fish caught in the Town-owned parcel and water body are to be released back into the Town-owned parcel and water body. The water bodies are hereby declared to be public for Stormwater Management purposes only, and not for private and/or public recreational use activities except as set forth herein and above, and in the specific instance of an organized, planned and scheduled public event under the jurisdictional authority of a town entity or department, or as specifically permitted by the Town Council.

(b) Penalties for violation hereof. Any person who violates the provisions of this section, as amended from time to time, shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) for the first offense; not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00) for the second offense; not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), for the third offense; not less than one thousand dollars ($1,000.00) and not more than two thousand five hundred dollars ($2,500.00) for the fourth offense; and not less than two thousand five hundred dollars ($2,500.00) and not more than seven thousand five hundred dollars ($7,500.00) for the fifth and subsequent offenses during a twelve-month period of time. All fines shall be payable to the clerk-treasurer of the Town, or through the county superior court, and payable to the Town for deposit in the Town general fund. Each event or violation incident that occurs shall constitute and be deemed a separate offense.

(c) The Town Manager, director of operations, police chief, or appropriate town administrative staff and personnel shall take the necessary actions to identify town-owned parcels with water bodies located thereon, and upon such determination, post signage that sets forth the prohibition to access, enter and use the Town-owned parcel with water body thereon for private or recreational use. Such town administrative personnel are further directed to report, in writing, the identified water bodies located on town-owned parcels, with confirmation that signing postage has been completed.

(Ord. No. 1494, §§ 1—3, 5-28-09; Ord. No. 1516, § 1, 6-24-10)

(Ord. No. 1516 § 1, 2010; Ord. No. 1494 §§ 1—3, 2009.)

Editor’s note: Ord. No. 1494, §§ 1—3, adopted May 28, 2009, did not specifically amend the Code. Hence, its inclusion herein as § 12-12 was at the discretion of the editor.

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