[Adopted 4-6-1988 STM]
Notwithstanding the provisions of Section 13a-149 of the Connecticut
General Statutes or any other general statute or Special Act, the Town of
North Haven shall not be liable to any person injured in person or property
caused by the presence of ice or snow on a public sidewalk unless the Town
of North Haven is the owner or person in possession and control of land abutting
such sidewalk, other than land used as a highway or street, provided that
the Town of North Haven shall be liable for its affirmative acts with respect
to such sidewalk.
A.
The owner or person in possession and control of land
abutting a public sidewalk shall have the same duty of care with respect to
the presence of ice or snow on such sidewalk toward the portion of the sidewalk
abutting his property as the Town of North Haven had prior to the effective
date of this ordinance, adopted pursuant to the provisions of Connecticut
General Statutes, Section 7-163a, and shall be liable to persons injured in
person or property where a breach of said duty is the proximate cause of said
injury.
B.
No action to recover damages for injury to the person
or to property caused by the presence of ice or snow on a public sidewalk
against a person who owns or is in possession and control of land abutting
a public sidewalk shall be brought but within two years from the date when
the injury is first sustained.
This ordinance shall be effective October 1, 1988.