The Town Board has found that as a result of the construction
of sidewalks in the historic hamlet of Stone Ridge, and more specifically
along State Route 209 (Main Street), it is necessary to enact this
chapter to define the obligations of owners of real property abutting
State Route 209 in order to keep the sidewalks accessible to pedestrians
and to ensure safe pedestrian traffic.
As used in this chapter, the following terms shall have the
meanings indicated:
ABUT
A parcel of real property which fronts State Route 209 (Main
Street) shall be deemed to abut a sidewalk for the purposes of this
chapter whether or not the real property line of said property crosses
or touches the sidewalk so long as the parcel of real property lies
along the sidewalk.
OCCUPANT
Any person or entity who is lawfully in possession of real
property.
OWNER
Any person or entity holding full or partial title to real
property.
PEDESTRIAN
Any person making use of a sidewalk for foot passage.
PERSON
Any partnership, association, corporation, executor, administrator,
trustee, guardian, receiver or other individual or entity.
SIDEWALK
A walkway along the margin of a street or highway designed
and constructed for the use of pedestrians, to the exclusion of motor
vehicles.
This chapter shall apply to all sidewalks along State Route
209 (Main Street) and associated crosswalks in the hamlet of Stone
Ridge, Town of Marbletown, and to any sidewalks and associated crosswalks
to be constructed henceforth in the hamlet of Stone Ridge, Town of
Marbletown.
Except for those conditions regarding snow, ice, debris, leaves and obstructions all of which are the obligation of the owner and/or occupant to remove and/or address as set forth in §§
163-4 and
163-5, upon reasonable prior written notice to the Town of a substantial defect in the condition of the sidewalk or trees adjacent thereto and within the state right-of-way, the Town Highway Department shall investigate same and shall take reasonable steps to repair any defects that the Town shall determine exist. The Town shall also be responsible for maintaining the planters within the right-of-way for the sidewalks.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §§
163-4,
163-5 or
163-6 of this chapter, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly thereby, and shall be liable to the Town of Marbletown to the extent that said Town is required by law or by any court to respond in damages to any injured party.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.