[Adopted 9-8-2009 by L.L. No. 6-2009][1]
[1]
Editor's Note: This law shall take effect upon the later of:
A. Filing same with the office of the Secretary of State of the State of New York.
B. The completion of sidewalks in the Hamlet of Gardiner as defined by the final construction inspection certificate.
As used in this article, the following terms shall have the meanings indicated:
OCCUPANT
Any person who has lawfully entered upon and is in the possession of real property as a tenant, manager or person having charge of any building or lot of ground or any use thereof or who has an interest in the land which he possesses.
OWNER
Any person having a legal interest in real property.
PEDESTRIAN
Any person making use of a sidewalk for foot passage.
PERSON
An individual, partnership, association, corporation, executor, administrator, trustee, guardian, receiver or other person having a legal interest in real property.
SIDEWALK
A walkway along the margin of a street or highway designed and prepared for the use of pedestrians, to the exclusion of motor vehicles.
A. 
The owner or occupant of any real property, whether vacant or improved by any buildings, abutting any sidewalk in the Town of Gardiner shall keep such sidewalk free and clear of snow and ice at all times.
B. 
Within 24 hours after cessation of every snowfall or within 24 hours of the formation of any ice on the sidewalk abutting the premises, the owner or occupant shall remove or cause the same to be removed or cleared entirely from said sidewalk. If the snow or ice shall be frozen so hard that it cannot practicably be removed, the owner or occupant shall, within the time specified, cause the sidewalk to be covered and strewn with ashes, sand or other materials providing traction or with salt or other substances which dissolve or disintegrate ice and snow and shall, as soon thereafter as the weather will permit, thoroughly clean the sidewalk and remove the ice and snow therefrom. If the ice and snow is not removed within 24 hours, the Town may provide for the removal and charge the cost to the owner or occupant of the abutting premises.
C. 
Where a sidewalk has not been constructed or established along the margin of a street or highway adjoining that portion of business or commercial premises used for vehicular access and parking, including but not limited to individual stores, shopping centers and gasoline service stations, the owner or occupant shall clear a path at least four feet in width throughout the length of the premises free from snow and ice for use by pedestrians as a walkway in compliance with the provisions of Subsections A and B of this section.
D. 
The owner or occupant of any real property, whether vacant or improved by any buildings, located at an intersection of two streets shall clear a path at the intersection at least 30 inches in width through any piles or accumulation of snow or ice on the sidewalk or street so as to enable pedestrian access from the sidewalk at the corner to the cleared portion of the roadway.
A. 
The owner or occupant of any real property, whether vacant or improved by any buildings, abutting any sidewalk in the Town shall keep such abutting sidewalk free and clear of debris, rubbish or any other obstruction at all times.
B. 
Within 24 hours after the accumulation of any debris, rubbish, or other obstruction on the sidewalk, the owner or occupant shall remove or cause the same to be removed or cleared entirely from the said sidewalk.
C. 
If debris, rubbish and other obstruction shall remain on a sidewalk for more than 24 hours, the Town may provide for the removal thereof at the expense of the owner or occupant of the abutting premises. The charge to be collected for the removal of debris, rubbish or other obstructions shall be at the rate of $50 (administrative fee) on each such occasion plus the actual costs associated with the removal and disposal of said debris, rubbish or obstruction. The Town Building Inspector shall send a statement to the owner or occupant of the premises abutting the sidewalk from which the debris, rubbish, or other obstruction shall have been removed for all appropriate fees, costs and charges. If the charges, as invoiced by the Building Inspector, are not paid within 45 days from the date of the invoice, said charges shall become a lien upon the premises abutting the sidewalk and shall be collected by the Town as an assessment upon said premises on the real property tax statements issued on the tax collection date next following as provided by law. The collection of this charge shall not preclude the Town from pursuing any other civil or criminal remedies which may be available to enforce the violation of this section.
D. 
No person shall alter or damage any sidewalk installed in the Town of Gardiner. Trees and landscaping installed by the Town shall not be removed or damaged. Any person engaging in such conduct will be liable for the cost of repair and/or replacement that results from such removal alteration or damage.
E. 
No person shall post signs, banners, or other materials on the sidewalk light poles unless authorized by the Town Board.
Except for those conditions regarding snow, ice, rubbish, debris and obstructions on sidewalks all of which are the obligations of the owner to remove and address, upon reasonable prior written notice to the Town of any substantial defect(s) in the condition of the sidewalk, the Town shall investigate same and shall take reasonable steps to repair any defects that the Town determines exist.
The Building Inspector and Code Enforcement Officer of the Town of Gardiner is authorized to enforce this article by issuing an appearance ticket for any violation of any provision of this article, and an answer to such appearance ticket shall be made to the Town Court of the Town of Gardiner on the return date at the time specified in said appearance ticket.
A. 
Upon conviction for a violation of this article, a person shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law of the State of New York, which shall be punishable by a fine not to exceed $250.
B. 
For purposes of this section, each sidewalk abutting lands of an owner or occupant not cleared pursuant to this article shall constitute a separate violation. Each day upon which such prohibited activity occurs shall be deemed a separate violation.
C. 
In addition to the penalties above provided, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.