Village of Rouses Point, NY: Private Roads

[Adopted 9-21-1992 by L.L. No. 3-1992]

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.

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.

§ 89-2 Definitions.

For the purpose of this chapter, the following terms shall have the following meanings:

DIRT

Any form of earth, rock, soil or combination of any of the same.

DUST

Any small airborne particle of dirt in any concentration.

MOTOR VEHICLE

Any vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

PRIVATE ROAD

Any roadway, road, street, avenue or any place used for ingress and egress to and over private property inside the Village limits.

§ 89-3 Blown or drifting dirt and dust.

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.

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.

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.

§ 89-4 Penalties for offenses.

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.