[HISTORY: Adopted by the Town Board of the Town of Copake as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-14-2002 by L.L. No. 1-2002[1]]
This article shall be known as the “Town of Copake Sidewalk Snow
and Ice Removal Law.”
It is hereby determined by the Town Board of the Town of Copake that
it is in the interest of public safety to have all sidewalks which adjoin
public roads, highways, or rights-of-way kept and maintained free and clear
of snow, ice, dirt, and other obstructions.
It shall be the obligation of all owners and/or residents of real property
in the Town of Copake to keep sidewalks on such premises which adjoin public
roads, highways, or rights-of-way free and clear from snow, ice, dirt, and
other obstructions. If the owner and/or resident shall fail to remove such
snow, ice, dirt, or other obstruction, the Town may do so at the expense of
the owner of the property.
The owner of the property upon which said sidewalk is located shall
be liable for all costs and expenses incurred by the Town for the removal
of snow, ice, dirt, or other obstructions. If the owner shall fail to pay
said cost and expenses within 10 days after notice of the same by mail, the
Town Supervisor shall file, prior to the time for completing the annual Town
tax levy, a certificate of said cost and expense with a statement as to the
property upon which the same were incurred with the Town Board, which shall,
in the preparation of the next annual Town tax levy, levy said amounts upon
such real property, and the same shall be levied, collected, and enforced
in the same manner, by the same proceedings, and at the same time, with the
same penalties and having the same lien upon the property assessed as the
general Town tax and as a part thereof.
[Amended 7-12-2007 by L.L. No. 3-2007]
A.
Any person, firm or corporation who is guilty of a violation
of this article shall, upon conviction thereof, be subject to a fine of not
more than $250 or imprisonment for a term of not more than 15 days, or both.
Each day after notice that a violation continues shall be deemed a separate
offense. In addition, a civil penalty of $100 per day may be assessed for
any such violation, which civil penalty shall be recovered by the Town of
Copake in a civil action.
B.
Except as provided otherwise by law, such a violation shall not
be a crime, and the penalty or punishment imposed therefor shall not be deemed
for any purpose a penal or criminal penalty or punishment and shall not impose
any disability upon or affect or impair the credibility as a witness, or otherwise,
of any person found guilty of such an offense.
C.
Appropriate actions and proceedings may be taken at law or in
equity to prevent or remedy unlawful violations or infractions of any portion
of this article.
