[HISTORY: Adopted by the Board of Trustees of the Village of Rouses
Point as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-21-1992 by L.L.
No. 3-1992]
A.
In order to protect the property owners, residents and
persons inside the Village limits and to prevent pollution and the accumulation
of dust and dirt upon the residences and properties located within the Village
and to maintain the quality of the surrounding air, the Board of Trustees
does hereby enact this chapter setting forth the obligations and liability
of owners of private roads in the Village in order to prevent and control
the dust and dirt blown from or drifting from said roadways onto the surrounding
areas when said roadways are traveled upon and to provide for enforcement
of this chapter with the imposition of penalties for any violation of the
same.
B.
This chapter is being enacted pursuant to the police
powers, statutory powers and constitutional powers to protect and promote
and preserve the public health, safety, comfort, welfare and well-being of
the inhabitants of the Village.
For the purpose of this chapter, the following terms shall have the
following meanings:
Any form of earth, rock, soil or combination of any of the same.
Any small airborne particle of dirt in any concentration.
Any vehicle operated or driven upon a public highway which is propelled
by any power other than muscular power.
Any roadway, road, street, avenue or any place used for ingress and
egress to and over private property inside the Village limits.
A.
Any owner of a private road inside the Village of Rouses
Point shall not allow any motor vehicle traveling upon said road to cause
dirt or dust to blow or drift from said road.
B.
Each owner of any such private road shall cover any unpaved
road with such nontoxic substances as may be allowed by law or with water
to eliminate and prevent such dust and dirt from blowing or drifting from
said road whenever a motor vehicle uses or is likely to use said road.
C.
Each owner of any such roadway is liable and is responsible
for the inspection of said road and the prevention of all such dirt and dust
from blowing or drifting from said road premises upon any other premises not
owned by said owner where said road is traveled upon by any motor vehicle.
Any person, firm, organization, corporation or entity committing a violation
of this chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuance of an offense for each day (24 hours)
shall be deemed a distinct and separate violation.
