PROPOSED BAN ORDINANCE

The Lake Waramaug Authority made up of nine members (three from each town) unanimously approved an ordinance banning wake surfing and activities involving enhanced waves on Lake Waramaug.

Washington and Warren have already authorized a vote on the proposed ordinance. Kent will decide about a public vote on June 10.

“PROPOSED ORDINANCE REGARDING REGULATION OF WAKE BOAT OPERATION ON LAKE WARAMAUG FOR ADOPTION BY THE TOWNS OF KENT, WARREN AND WASHINGTON

CONCERNED with the increasing operation on Lake Waramaug of vessels with ballasts, motor power and hull designs that produce harmful wakes;

 COGNIZANT of the serious safety risks that such large wakes cause for other concurrent public uses of Lake Waramaug, including without limitation kayaks, fishing boats, rowing shells, paddle boards, swimmers and dock facilities and that such large wakes are not compatible with other long established public uses of the lake;

AWARE, that enhanced wakes that cause destructive erosion of the lake shoreline and upset the balance of native shoreline vegetation that protect the lake from erosion; and that the operation of such vessels in a stern down manner creates downward prop wash that disturbs the lake bottom and impairs water quality; and that use of ballast systems increase the risk of importing invasive species into the lake;

MINDFUL of our responsibility to protect Lake Waramaug, a Heritage Lake of exceptional natural beauty and tranquility that is enjoyed by the general public;

BE IT RESOLVED THAT:

1. No person shall at any time operate on Lake Waramaug a vessel while employing one or more ballast tanks, weight-loading, hydrofoils, wake shapers, or any other device(s) to artificially enhance or increase its wake.

2. Prior to their launching on Lake Waramaug all power vessels shall be inspected for environmental fitness (as is provided in the Agreement dated June 28, 2004 among the State of Connecticut Department of Environmental Protection and the Towns of Washington, Warren and Kent).

3. Any person violating this Ordinance shall be fined two hundred and fifty dollars for each occurrence in accordance with Connecticut General Statutes Section 7-148 as the same may be amended from time to time. Any such violation which is of a continuing nature shall be deemed a separate violation each time it occurs. Each day a violation continues shall be deemed a new occurrence.

4. Fines assessed may be enforced by an action brought in the Superior Court for the State of Connecticut and may be appealed pursuant to the provisions of Connecticut General Statutes Section 7-152c. 1

5. This Ordinance shall not preclude any additional enforcement action taken by any appropriate town, state or federal official conducted pursuant to any applicable ordinance, regulation or law of the town or the State of Connecticut.

6. This Ordinance is adopted pursuant to Connecticut General Statutes Section 7-148.

7. This Ordinance shall take effect in accordance with § 15-136 of the Connecticut General Statutes.

8. It is hereby declared to be the intention of the town that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unlawful by valid judgment or decree of the court of competent jurisdiction, such unlawfulness shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.”