New York § 323 Injuring fruit or shade trees

New York Statutes

§ 323 — Injuring fruit or shade trees

New York § 323

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Art. 11Miscellaneous Provisions

This text of New York § 323 (Injuring fruit or shade trees) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Highway § 323 (2026).

Text

  § 323. Injuring fruit or shade trees. It shall be unlawful for any\nperson or persons whatsoever in this state to hitch any horse or other\nanimal to or leave the same standing near enough to injure any fruit or\nforest tree growing within the bounds of the public highway, or used as\na shade or ornamental tree around any school house, church or public\nbuilding, or to cut down or mutilate in any way any such ornamental or\nshade tree; but the right of property owners along the highway to\ncultivate, train and use such shade trees shall not be impaired or\nabridged hereby. Any person or persons guilty of violating the\nprovisions of this section shall be deemed guilty of misdemeanor, and\nshall be punishable by a fine of not less than five dollars, nor more\nthan twenty-five dollars for 

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§ 323. Injuring fruit or shade trees. It shall be unlawful for any\nperson or persons whatsoever in this state to hitch any horse or other\nanimal to or leave the same standing near enough to injure any fruit or\nforest tree growing within the bounds of the public highway, or used as\na shade or ornamental tree around any school house, church or public\nbuilding, or to cut down or mutilate in any way any such ornamental or\nshade tree; but the right of property owners along the highway to\ncultivate, train and use such shade trees shall not be impaired or\nabridged hereby. Any person or persons guilty of violating the\nprovisions of this section shall be deemed guilty of misdemeanor, and\nshall be punishable by a fine of not less than five dollars, nor more\nthan twenty-five dollars for each such offense, and in case of failure\nto pay any fine imposed, may be committed to jail, not exceeding one day\nfor each dollar of such fine. Courts of special sessions having\njurisdiction to try misdemeanors, as provided by section fifty-six of\nthe code of criminal procedure, shall have exclusive jurisdiction to try\noffenders in all cases occurring in the same manner as in other cases,\nwhere they now have jurisdiction, and subject to the same power of\nremoval, and to render and enforce judgments, to the extent herein\nprovided. All fines collected under the provisions of this act shall be\npaid when the offense is committed in a town outside of incorporated\nvillages, to the supervisor of the town, to be used as the town board\nand town superintendent may direct. When the offense is committed in any\nvillage of the county, which by law is constituted a separate road\ndistrict, the fine shall be paid to the treasurer of said village, to be\nused as the board of trustees may direct.\n