Commission Turns Down Crystal Lake 'Swim at Your Own Risk' Proposal [Poll]

Despite efforts from a local grassroots organization to build support for 'swim at your own risk' at , the Newton Parks and Recreation Commission last night unanimously voted not to accept the proposal.

The Commission voted 8-0 to reject the proposal and not to send it to a public hearing. In addition, the Commission unanimously voted to recommend civil fines for those who swim in the lake illegally. 

"We lost big time, and I don't know what recourse our group has now," said Deborah Fogel in an email to Newton Patch. Fogel is one of the leaders behind Open Crystal Lake, a grassroots organization .

Fogel, a Lake Avenue resident, presented a swim at your own risk policy to the Commission in February. Following the presentation, the Commission agreed to work on developing an ordinance for civil fines a the lake, as several commissioners believed the ordinance should be in place before a public hearing is held for at-risk swimming.

To view the proposal, click the .pdf to the right. 

According to Parks and Recreation Commissioner Bob DeRubeis, the Commission voted 8-0 last night to recommend an initial $20 civil fine be put in place for illegal swimmers -- an amount that is set from a 1924 statute.

In addition, DeRubeis said the Commission recommended the Board of Aldermen petition the state legislature (called "home rule legislation") to see if the fine could be increased up to $500. 

DeRubeis clarified that this does not mean the fine would necessarily be set at $500, just that it would not exceed that number. The Commission was looking for a higher fine than $20, but did not want to specify a certain amount, DeRubeis sad. 

Currently, swimming at Crystal Lake is restricted to a roped-off area near the intersection of Rogers Street and Lake Avenue. That area is open from mid-June to mid-August and is staffed with a lifeguard. Neighbors abutting the lake are also allowed to swim in areas next to their property. 

Right now, fines are not given out to swimmers who are outside of the designated area. The only fines currently in place are those related to criminal trespassing.

A subcommittee of the Commission has been working on a Crystal Lake fine policy and will continue to work on language with the Law Department before an ordinance request goes through to the Board of Aldermen, DeRubeis said. 

Technically, a proposal could be brought back before the commission, DeRubeis said, as the Commission did not vote "with prejudice." However, DeRubeis said he does not believe the Commission would be keen on seeing the proposal before them again. 

Meanwhile, Fogel says Open Crystal Lake will regroup and try to figure out if there is a way to stop the fine policy from going through.

"Our group will take stock over the next few days and decide if there's any action at all we can take to prevent this from happening," Fogel said in an email. 

In hopes of spreading the word about its proposal, the Open Crystal Lake group held a walk around the lake on Sun., April 15.  with signs supporting the at-risk swimming measure.