[Adopted 7-15-2002 by Ord. No. 2002-16]
A.
This shall be “an ordinance entitled 'Emergency
Regulation of the Oak Swamp Reservoir.' ”
B.
For the health, safety and welfare of the people of
the Town of Johnston, it is hereby declared that the dam at Oak Swamp
Reservoir is presently unsafe; it is also declared that in order to
protect the dam from further damage, and for the health, safety and
welfare of the people of the Town of Johnston, and in order to properly
complete the extensive emergency measures necessary, the Town Council
of the Town of Johnston ordains: Oak Swamp Reservoir is hereby a restricted
area.
A.
Prohibited activities.
(1)
No person shall operate or give permission for the
operation of any watercraft or vessel, however propelled, upon the
waters of Oak Swamp Reservoir within 100 feet of the dam proper, including
but not limited to motor or sail boats, canoes, surfboards, water
skis, skidoos and jet skis.
(2)
No person shall fish or give permission to fish in
the waters of Oak Swamp Reservoir within 100 feet of the dam proper.
(3)
All foot traffic on the area of the dam located on
Reservoir Avenue, specifically between Mohr Street and Shore Drive,
is hereby prohibited.
(4)
A "no wake zone" is hereby created for all residents
living within 100 feet of the dam proper to permit access of watercraft
to Oak Swamp Reservoir.
C.
In accordance with R.I.G.L. § 46-22-1914
and R.I.G.L. § 46-19-4, after public notice, the Town Clerk,
on behalf of the Mayor and Town Council, is hereby directed to make
formal application to the Department of Environmental Management of
the State of Rhode Island for special rules and regulations with reference
to this article, setting forth therein emergency reasons which make
those special rules or regulations necessary and appropriate.
D.
In all areas where public access may be gained to
Oak Swamp Reservoir, the Directors of the Departments of Recreation
and Building and Grounds are hereby instructed to immediately erect
appropriate signage in accordance with the terms of this article.
The provisions of this article shall not apply
to emergency, patrol or rescue craft.
Any person convicted of violating the provisions
of this article may be subject to a fine in the amount of $100 for
each violation.
