[Adopted 3-21-1939]
This article shall be known as the "Sidewalk
Ordinance of the Town of Gates."
The purpose of this article is to promote the
safety and convenience of the residents of the Town of Gates, Monroe
County, New York, and to assist in preventing accidents to pedestrians
by motor vehicles in said town.
[Amended 5-3-2021 by L.L. No. 9-2021]
A.
The Town Board, in its discretion, either with or without the recommendation
of the Superintendent of Highways, Director of Public Works, Town
Engineer or the Planning Board of the Town, may direct and order the
construction or repair of sidewalks or side paths upon any public
highway in the Town and adjoining any privately owned real property.
B.
Such sidewalks are to be constructed in accordance with the following
specifications:
(1)
Materials, thicknesses and widths as approved by the Town Engineer.
(2)
Sidewalk lateral grades shall be at least 1/8 inch per foot and shall
not exceed 1/2 inch per foot.
(3)
Sidewalk construction shall be done in a manner such as will not
interfere with the established gutter line or in any other way cause
additional water to flow upon private property.
(4)
While the work is in progress or until the above is complied with,
any obstructions or grade in excess of 1/2 inch per foot shall be
marked with adequate warning devices and barriers.
C.
Abutting property owners to be responsible for maintenance. Approval
of sidewalk construction by the Town Board shall not be construed
to impose any duty upon such Superintendent of Highways or upon the
Town of Gates to maintain such sidewalks, but such sidewalks shall
be maintained by the abutting property owner or owners.
D.
Duty to keep sidewalks clean. Each owner, agent or occupant of real
estate upon which a public sidewalk fronts, whether the parcel of
real estate is occupied by a structure or not, shall keep such sidewalks
free from all leaves, dirt, filth, weeds and rubbish, and to keep
the sidewalk in good and proper repair and condition for safe public
use for the entire length of the sidewalk fronting such parcel.
E.
Obstructions. No property owner, agent, occupant, or other person
shall place or cause to be placed upon any public sidewalk an obstruction
of any kind as would interfere with the safe use of the sidewalks,
except for the temporary loading or unloading, provided that such
loading or unloading is completed without delay.
F.
Snow and ice removal from sidewalks. Each owner, agent or occupant
of real estate upon which a public sidewalk fronts, whether the parcel
of real estate is occupied by a structure or not, shall keep such
sidewalk free and clear from snow and ice and must not suffer or permit
snow and ice to collect or remain on such sidewalk. This obligation
exists regardless of whether the sidewalk is located on private property
of the owner, agent or occupant, or within the road right-of-way.
(1)
Snow and ice shall be removed from the sidewalks within 12 hours
after the end of any snowfall; provided, however, that any snow or
ice that has ceased to fall or form after 6:00 p.m. of any evening
may be removed at any time before 9:00 p.m. the following day.
(2)
In the event that snow and/or ice on a sidewalk have become so hard
that they cannot be removed without the likelihood of damage to the
sidewalk, the owner, agent or occupant of the premises upon which
a public sidewalk fronts shall cause sand, salt or other appropriate
abrasive element to be put on the sidewalk to make travel thereon
reasonably safe. As soon as the conditions allow, all snow and ice
shall be immediately removed from the sidewalk.
(3)
No person shall remove snow or ice from the sidewalk and deposit
it on the roadway of any street or against a fire hydrant, or on the
loading or unloading areas of a public transportation system, nor
shall any person authorize or permit such removal and depositing.
These prohibitions shall apply to any means for removing and depositing
snow or ice.
(4)
Any owner, agent or occupant clearing snow or ice from a corner lot
shall ensure that such snow and ice is not piled in a manner as to
endanger pedestrians or obstruct the view of motorists.
(5)
Notwithstanding any other statute, ordinance, rule or regulation,
any and all snow or ice removed from any highway right-of-way within
the Town of Gates may be removed to any adjoining sidewalk, walkway,
pathway, Tarvia or right-of-way of such highway right-of-way, which,
for the purpose of such snow removal, shall be considered a snow shelf.
Highway rights-of-way within the Town shall include any state, county,
and Town road, and there shall be no obligation of the Town, county,
or state to remove any snow or ice from said snow shelf once it is
placed there.
G.
ASPHALT/CEMENT SHIMS
CRACKED SLABS
HAZARDOUS SIDEWALK
HEAVED WALK AT TREES
ONE SLAB BETWEEN TWO DEFECTIVE SLABS
SETTLED WALK
SPALLED SLABS
VERTICALLY MISALIGNED SLABS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A temporary repair for sidewalk slabs that are heaved and
deemed to be potentially hazardous. These slabs will be replaced when
working in the area. Until replacement is possible, periodic inspections
will be made ensuring that the temporary repair is holding and no
further heaving has taken place.
Slabs which have:
A sidewalk in which there is a difference in elevation of
1 1/2 inches between a joint or a crack, in the slab or between
slabs, or a portion of a sidewalk is so badly spalled, broken or deteriorated
as to present a tripping hazard. The existing surface shall be used
in determining whether or not a sidewalk is hazardous.
Walk slabs heaved 1 1/2 inches or more by tree roots.
Walks will be removed, roots cut and removed walk slabs replaced.
Walk slabs will be arched around larger trees as needed to protect
the tree. Walk slabs heaved less than 1 1/2 inches may be repaired
by placing an asphalt wedge at the offset joint. This will be a temporary
repair.
One sidewalk slab in good condition located between two or
more slabs to be removed on either side. The good slab shall be replaced
except if the good slab abuts another structure such as a carriage
walk, service walk or steps.
A sidewalk that has a settlement of 1 1/2 inches or
more over a ten-foot span. The depth of settlement will be determined
by measuring parallel to the street on adjacent unsettled walk to
the lowest point of the settled walk. Settled walk will not be considered
hazardous or a problem if there is drainage out of the settled area.
Loose or spalled concrete which has resulted in surface irregularities
greater than 1/2 inch in depth relative to the sidewalk surface over
more than 1/4 of the sidewalk slab.
A difference greater than 1 1/2 inches in elevation
of adjacent sidewalk slabs.
No sidewalk or sidepath shall be constructed
upon a public highway without first notifying the Town Clerk who,
in turn, shall notify the Town Engineer who will thereupon establish
the levels and grade of such proposed sidewalk or sidepath and such
sidewalk or sidepath shall thereafter be constructed and laid under
the supervision of the Town Engineer.
No wooden or plank sidewalks shall be laid or
constructed hereafter upon any part of a highway in the Town of Gates.
[Amended 5-3-2021 by L.L. No. 9-2021]
In the event that the Town Board shall decide
that it is proper and necessary to construct a sidewalk or sidepath
upon any portion of a highway, the owner or owners of the real property
in front of which said sidewalk or sidepath is to be constructed shall
be notified of the action of the Town Board and said owner or owners
shall within 30 days thereafter commence the construction of said
sidewalk or sidepath, weather and other conditions permitting. In
the event of the failure of such owner or owners to commence the construction
of said sidewalk or sidepath within such period, the town may proceed
to construct said sidewalk or sidepath and when completed to charge
the expense of the same upon the owner or owners of the abutting real
property and if necessary bring an action at law in any proper court
to collect the same.
In the event that the Town Board shall decide
that it is proper and necessary to repair any sidewalk or sidepath
upon any portion of a highway, the owner or owners of any real property
in front of which said sidewalk or sidepath is to be constructed shall
be notified of the action of the Town Board and said owner or owners
shall within 10 days thereafter commence operations for the repair
of said sidewalk or sidepath, weather and other conditions permitting.
In the event of the failure of such owner or owners to commence the
repair of said sidewalk or sidepath within such period, the town may
proceed to repair such sidewalk or sidepath and when completed to
charge the expense of the same upon the owner or owners of the abutting
real property and if necessary bring an action at law in any proper
court to collect the same.
[Amended 9-7-1999 by L.L. No. 2-1999]
Any and all persons or corporations violating
any of the provisions of this article or failing to comply with any
order or regulation made thereto shall severally and for each and
every such violation and noncompliance respectively forfeit and pay
a penalty of not more than $250 or be subject to imprisonment for
not more than 15 days, or both, said penalty to be sued for and recovered
for the benefit of the General Town Fund.
