[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel 3-29-2005.
Amendments noted where applicable.]
The purpose of this chapter is to standardize and set a minimum quality
level for the use of public sidewalks located within the Town of Bethel, State
of Connecticut.
As used in this chapter, the following terms have the meanings as indicated:
Any individual, owner, organization, trust, foundation, group, association,
partnership, limited liability company, corporation, society, owner, tenant,
occupant or any combination of one or more, whether principal or agent.
Any walkway that is established and/or to be constructed near, adjacent
to and/or running parallel with a public thoroughfare both Town and state
owned.
A.
In addition to snow and ice removal from the sidewalks as set forth in Chapter 92 of the Code of the Town of Bethel, Connecticut, every person owning/occupying real property in which there is a sidewalk located on or adjacent to, or which may be constructed in the future, shall keep such sidewalk at all times in a safe and convenient condition for use by the public. Said person shall forthwith repair all defects in said sidewalk and keep the same clear and free of all obstructions which could endanger or hinder public travel.
B.
Except for the location of existing sidewalks, all repairs
herein shall be in conformance with the sidewalk requirements as set forth
in the Bethel Subdivision Regulations, Bethel Zoning Regulations, Bethel Building
Regulations, if any, and other Bethel regulations which may be in effect at
the time the repair is ordered.[1]
A.
No person shall place, keep, permit, suffer to be placed
or kept on any sidewalk in front of, adjoining or adjacent to such real property,
whether a building or buildings are located thereon, any item/items, including
but not limited to goods, wares, merchandise, boxes, barrels, food, display
signs or material things of any kind or description, nor shall the sidewalk
be obstructed in any manner nor in any manner obstruct or interfere with the
use of any such sidewalk.
B.
In addition to the unobstructed sidewalk as hereinbefore set forth in Subsection A, no person shall place, keep, permit or suffer to be placed or kept on any sidewalk, pathway, walkway or entrance in front of, adjoining or adjacent to such real property with any building or buildings thereon, any items and/or obstructions that would not allow for an unobstructed pathway from the thoroughfare sidewalk to the entryway and/or doorway of said building.
C.
Width of required pathway.
(1)
Nothing contained in this section shall prevent such
persons from placing such item/items on the sidewalk or in the pathway to
the entryway and/or doorway to any building, provided there shall remain a
minimum unobstructed pathway on said sidewalk or the pathway to the entryway
and/or doorway to any building equal to 36 inches in width or the width of
a wheelchair whichever shall be the greater, in order to allow pedestrian
traffic to pass and repass over the sidewalk and entryway and/or doorway to
any building unobstructed.
D.
Nothing contained in this section shall prevent such
person from placing goods, wares or merchandise on the sidewalk or pathway
to the entryway and/or doorway to any building temporarily while loading or
unloading the same, provided that it be done without unnecessary delay, and
provided that such goods, wares or merchandise are not allowed or permitted
to remain on such sidewalk or pathway to the entryway and/or doorway to any
building within the prohibited area for a period longer than two hours.
A.
If any person, after having been notified by certified writing and/or overnight mail by the Bethel Director of Public Works or his designee to repair a sidewalk or any portion thereof adjoining said person's property, shall refuse or neglect to do so to the satisfaction of the Bethel Director of Public Works or his designee, within 30 days from the date of said notice, weather permitting, he will be in violation of Section § 91-3 and may be fined as hereinafter set forth in § 91-6 and/or may be subject to litigation in order to enforce the provisions of § 91-3.
B.
If any person, having been notified by certified writing and/or overnight mail by the Bethel ADA (Americans With Disabilities Act) Compliance Officer or his designee to move any such items and/or obstructions, pursuant to § 91-4A and/or B, shall refuse or neglect to do so to the satisfaction of the Bethel ADA Compliance Officer or his designee, within two business days (including Saturdays and excluding Sundays and Legal Holidays) from the date of said notice, he will be in violation of § 91-4 and may be fined as hereinafter set forth in § 91-6 and/or may be subject to litigation in order to enforce the provisions of § 91-4.
C.
If any person, having been notified by certified writing and/or overnight mail by the Bethel ADA (Americans With Disabilities Act) Compliance Officer or his designee to move any such items and/or obstructions, pursuant to § 91-4D, shall refuse or neglect to do so to the satisfaction of the Bethel ADA Compliance Officer or his designee, within 24 hours (including Saturdays and excluding Sundays and legal holidays) from the date of said notice, he will be in violation of § 91-4 and may be fined as hereinafter set forth in § 91-6 and/or may be subject to litigation in order to enforce the provisions of § 91-4.
A.
Each and every violation of the provisions of this chapter
shall constitute a separate and distinct violation subject to a fine in an
amount of $100 payable to the Town of Bethel.
B.
In the event that the person shall fail to comply with the written notification and successive written notices are required, each successive written notice which is not complied with within the time period as set forth in this chapter, shall constitute an additional violation, separate and distinct from the first violation and subject to an additional fine as hereinbefore set forth in Subsection A.
C.
Nothing shall prevent the Town of Bethel, Connecticut
from bringing an action in a court of original jurisdiction in the name of
the First Selectman of the Town of Bethel, Connecticut on behalf of the Town
of Bethel, Connecticut to enforce the regulations set forth in this chapter
and/or to recover any and all fines as hereinbefore set forth, costs and attorney's
fees, if available.
In the event that any one or more portions, sections and/or subsections
of this chapter shall be determined to be invalid or unenforceable, it shall
not affect the validity or enforceability of the remaining portions, sections
and/or subsections.
