Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 8.20 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Littering — See Ch. 241.
Property maintenance — See Ch. 287.
Soil testing and cleanup — See Ch. 311.
Soil movement — See Ch. 308.
Solid waste — See Ch. 317.
Streets and sidewalks — See Ch. 330.
Nuisances — See Ch. 424.

§ 154-1 Treatment required for use of unpaved roads and other areas.

A. 
No property owner may use any unpaved or dirt road, roadway, street, alley, lane, driveway, right-of-way or parking area for passage of motor vehicles of any kind unless said unpaved area shall have been maintained in such a manner as to preclude the creation of dust by means of oiling, wetting or covering the dirt surface or using any other method which will provide effective dust control and prevent the creation of a nuisance as provided in § 154-3 hereof.
B. 
No person, firm or corporation engaged in business of any type may use any unpaved parking area, storage area, loading or unloading area, entrance or exit or any other area used by motor vehicles upon their premises unless the creation of dust is controlled in said areas by means of oiling, wetting or covering the surface or using any other effective method of dust control so as to prevent the creation of a nuisance as provided in § 154-3 hereof.
C. 
No person, firm or corporation engaged in the business of providing subdivision developments of any kind may use any unpaved area whatsoever for motor vehicle traffic while in the process of constructing a development unless the creation of dust in said unpaved areas is controlled by means of oiling, wetting or covering the unpaved surface or by use of any other effective method of dust control so as to prevent the creation of a nuisance as provided in § 154-3 hereof.
D. 
No person, firm or corporation engaged in business of any type or performing any activity, including any contractor engaged in the installation of public or municipal utilities within the Township of Montville, may use or permit to exist any unpaved parking area, storage area, loading or unloading area, entrance or exit or any other unpaved area used by motor vehicles within the project or construction area in the Township, including public and private roadways and streets which have had paving removed in order to permit the installation of underground utilities, thereby resulting in unpaved areas, unless the creation of dust is controlled in all such areas by means of oiling, wetting or covering the surface or using any other effective method of dust control so as to prevent the creation of a nuisance as provided in § 154-3 hereof.

§ 154-2 Deposits of dust and debris on paved roads prohibited.

No person, firm or corporation engaged in business of any type may use any paved street or roadway within the Township in such a manner as to cause the deposit of dust, mud, dirt or other debris of any kind whatsoever upon the road surface unless the paved roadway is completely cleaned of said matter at the end of each working day by means of washing, sweeping or using any other effective method of cleaning said roadway so as to prevent the creation of a nuisance as provided in § 154-3 hereof.

§ 154-3 Declaration of public nuisance.

A. 
The causing or creation of excessive amounts of dust by the use of any unpaved or dirt areas as set forth in §§ 154-1 and 154-2 of this chapter by motor vehicles of any kind, whereby a sufficient amount of dust is created so as to cause injury, detriment or annoyance to any person or property within the Township or so as to endanger the comfort, repose, health or safety of any person within the Township, is hereby declared to constitute a public nuisance.
B. 
The causing of dust, dirt, mud or other debris to accumulate upon any paved street or roadway within the Township, whereby such matter causes or is liable to cause injury or damage to any property or endangers the health, safety and welfare of any person in the operation of a motor vehicle over such roadway, is hereby declared to create a public nuisance.

§ 154-4 Violations and penalties. [1]

Any property owner, person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 154-5 Complaints.

Any official or employee of the Township or any citizen may sign a complaint charging a violation of this chapter, and any such person charging a violation is competent to appear at the Municipal Court hearing of said matter and give testimony in connection therewith.