[Adopted 12-10-1996 by L.L. No. 49-1996[1]]
It is the intent of this article to protect
the public health, safety and general welfare, including the protection
and preservation of the property of the Town of Southampton and its
inhabitants, and for the peace and good order, by prohibiting certain
acts that cause or contribute to a condition in, within or upon any
private road which shall be dangerous or obstruct or tend to obstruct
the free passage of vehicles of persons who have a right to use a
private road as access to their property for emergency access or otherwise.
For the purposes of this chapter, the following
terms shall have the meanings indicated, unless the context clearly
requires otherwise:
Any object or a condition in, within or upon any private
road which shall be dangerous or unreasonably impedes or interferes
with the free passage of vehicles, including, for definition purposes
only, an obstruction as set forth in § 319 of the New York
State Highway Law as same may be amended from time to time.
Any privately owned highway, street, road, way or place used
for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons. A private road
shall not include a driveway giving access to a one- or two-family
dwelling but may include common access driveways approved by the Planning
Board for three or more lots and Town Trustee roads.
Any federal, state, county or Town highway.
For the purposes of this chapter only, the term "vehicle"
shall include all motor vehicles capable of registration under the
New York Vehicle and Traffic Law, as well as off-road or all-terrain
vehicles, trailers, carts, boats or other items capable of or outfitted
to travel on roads or highways.
This article shall apply to all unincorporated
areas within the Town of Southampton.
The Police Department, Building and Zoning Inspectors,
Bay Constables, Fire Marshals and Ordinance Inspectors of the Town
of Southampton are hereby empowered to enforce the provisions of this
article.
A.
It shall be unlawful to park a vehicle in any manner
to create an obstruction within the right-of-way of any private road.
B.
It shall be unlawful to park a vehicle on any private
road located in a residential district, on the Zoning Map of the Town
of Southampton, between the hours of 1:00 a.m. and 6:00 a.m., prevailing
time. This section shall apply to those private roads that have been
duly posted with signs giving notice of this section, which are authorized
by resolution of the Town Board of the Town of Southampton after a
public hearing.
C.
It shall be unlawful to maintain an obstruction within
the right-of-way of any private road after 48 hours of personal service
of notice to remove the obstruction by an enforcement agent of the
Town of Southampton.
The enactment hereof or any prosecution hereunder
shall not be construed to grant any parties the right to use a private
road, nor be deemed to establish any public use or liability therein.
A.
Any person, owner, firm, partnership or corporation,
and any agent, contractor, lessee, tenant or employee thereof, or
person in charge, found guilty of a violation of any of the provisions
of this article shall, upon conviction, be deemed guilty of an offense,
which shall be punishable by a fine of not less than $25 nor more
than $500 or by imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment.
B.
Each and every day within which a violation occurs
or continues shall be deemed a separate and distinct violation.
C.
In addition to any other remedy provided by law, the
Town may bring an injunction proceeding to enforce this article.
D.
For the purposes of this article only, where a vehicle
is parked in violation of this article and the operator of the vehicle
is not present, a notice of violation may be served upon the owner
of the vehicle by affixing such notice to said vehicle in a conspicuous
place. Said notice shall be in a form approved by the Town Police
Department consistent with § 238 of the New York State Vehicle
and Traffic Law. Service of notice of violation, or a duplicate thereof
by affixation as herein provided shall have the same force and effect
and shall be subject to the same penalties for disregard thereof as
though the same was personally served with the name of the person
charged with the violation inserted therein. Where a notice of violation
is served in accordance with the procedures of this subsection, the
owner of the vehicle shall, upon conviction, be deemed guilty of an
offense, which shall be punishable by a fine of up to $50 for a first
conviction; by a fine of up to $100 but no less than $50 for a second
conviction within 18 months; and a fine of up to $150 but no less
than $100 for a third or subsequent conviction within 18 months of
the first conviction.
[Amended 11-23-1999 by L.L. No. 41-1999]
In addition to the penalties for offenses enumerated
in this chapter, where an obstruction of the private road is maintained
in violation of this article, the Town Board of the Town of Southampton
shall have the right to direct appropriate agencies of the Town to
take proper actions to remove the obstruction after the owner or owners
of lands which shall benefit or use the private road have been notified
by registered or certified mail and the obstruction has not been removed
by or on behalf of such owner(s) within 30 days after receipt of such
notice. All costs and expenses incurred by the Town of Southampton
in performing this work shall be assessed against the land(s) on which
such work is performed, or against those lands which shall benefit
or use the private road, and be added to the tax bill applicable to
said land(s) for the next taxable period.
