[HISTORY: Adopted by the Town Board of the
Town of Somers 2-14-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
It shall be the duty of the owner and occupant
of every property adjoining a public sidewalk, jointly and severally,
to repair and maintain the sidewalk in good condition, including maintenance
of the integrity of the walkway surface and repair or replacement
in kind as may be necessary.
It shall be the duty of the owner and occupant
of every property adjoining a public sidewalk, jointly and severally,
to keep the sidewalks adjoining such property free from snow, ice,
dirt, litter and other substances, materials and obstructions. The
owner and occupant shall be responsible for keeping any and all trash
cans located in front of his or her premises empty and replacing said
trash cans with new trash bags as needed. This chapter is applicable
whether the property is improved by a structure or not.
A.
Sidewalks in front of commercial establishments, parking
lots and in business districts shall be kept free of snow, ice, dirt,
litter and other substances, materials and obstructions at all times
between the hours of 8:00 a.m. and 6:00 p.m. In no event shall any
substance or material referred to above remain on a public sidewalk
for 12 hours after the event which caused it ceases in any zoning
district in the Town.
B.
If an owner and/or occupant shall fail to remove any snow, ice, dirt, litter or other substances, materials or obstructions for any reason, the Superintendent of Highways may demand compliance by said owner and/or occupant. The person upon whom such a demand is made has two hours in which to comply. If compliance is not forthcoming, the Town may proceed to clear the sidewalk and charge the expense for the same to the owner and occupant pursuant to § 142-5 of this chapter.
If the snow and/or ice on any sidewalk shall
be frozen such that it cannot be removed without injury to the sidewalk,
such owner and occupant may, within the time specified in the preceding
section, cause such sidewalk to be strewn with ice melt, sand, ashes,
or other suitable substance so as to make the sidewalks safe for passage
of the public. As soon as practicable thereafter, the owner and occupant
shall completely clear the sidewalk of snow, ice and other materials
strewn thereon, as provided herein. In no event may the owner and
occupant use any substance that may cause damage and/or deterioration
to the sidewalk or which is not approved for use by the Highway Superintendent.
A.
Upon the failure of an owner and/or occupant to comply
with the provisions of this chapter, the Superintendent of Highways
may cause such snow, ice, dirt, litter or other substances, materials
or obstructions to be removed or covered with suitable materials and/or
to otherwise maintain and repair said sidewalk. The Superintendent
of Highways shall forthwith file a report of the cost or expenses
thereof with the Town Clerk.
B.
The Town Clerk shall promptly present to the owner
and/or occupant of the property a bill for the services of the Superintendent
of Highways. If payment is not made within 30 days of presentation
of the bill to the owner and/or occupant, that charge shall become
a lien upon the premises benefitted thereby until paid, pursuant to
Town Law § 130, Subdivision 4.
No vehicle repairs or maintenance shall be made
on any public property including public streets, sidewalks and parking
lots. Repairs and maintenance shall include, but not be limited to,
changing the oil and washing or polishing vehicles.
A.
Affixing signs, posters, flyers, leaflets, advertisements
and/or other literature to light fixtures, trash receptacles or benches
is prohibited.
B.
In addition, no signs, posters, flyers, leaflets,
advertisements and/or other literature shall be placed on vehicles
or automobiles parked either on public streets or in public parking
lots.
A.
Any person committing an offense against any provision
of this chapter shall be guilty of a violation, liable to a fine for
a first violation not to exceed $250; for a second violation within
five years, a minimum fine of $350 and a maximum fine of $700; and
for a third or subsequent violation within five years, a minimum fine
of $700 and a maximum fine of $1,000, or by imprisonment for a period
not to exceed six months, or both.
B.
Each day's continued violation thereof shall constitute
a separate and distinct violation.
