Township of Harrison, NJ
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2023-10-02
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Part II: General Legislation
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Chapter 159 Property Maintenance
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Article IV Sidewalk Maintenance and Repair; Defense to Prosecution
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Claims
- Ch 8 Cooperative Pricing and Purchasing
- Ch 11 Court, Joint Municipal
- Ch 14 Defense and Indemnification
- Ch 15 (Reserved)
- Ch 17 Election Districts
- Ch 20 Environmental Commission
- Ch 22 (Reserved)
- Ch 23 Fire District
- Ch 26 Farmland, Open Space and Historic Preservation Trust Fund
- Ch 27 Special Improvement District
- Ch 28 Green Team Advisory Committee
- Ch 30 Housing Authority
- Ch 32 Inclusion, Diversity and Equity Advisory Board
- Ch 34 Land Use Procedures
- Ch 38 Mutual Aid
- Ch 41 Official Street Map
- Ch 43 Officers and Employees
- Ch 47 Recreation Commissioners, Board of
- Ch 48 Parks and Open Space Advisory Committee
- Ch 50 Personnel Policies
- Ch 53 Police Department
- Ch 55 Public Works Department
- Ch 56 Retirement
- Ch 58 Sewer Utility
- Ch 61 Utilities Authority
- Ch 63 Veterans Commission
- Part II: General Legislation
- Ch 67 Affordable Housing
- Ch 70 Alarms, Key Boxes and Parapet Wall Placards
- Ch 73 Alcoholic Beverages
- Ch 76 Amusement Devices
- Ch 79 Animals
- Ch 85 Buildings, Numbering of
- Ch 88 Buildings, Unsafe
- Ch 90 Carnivals, Circuses and Traveling Shows
- Ch 91 Certificate Transfer Occupancy or Certificate Transfer Ownership
- Ch 92 Checks, Returned
- Ch 97 Construction Codes, Uniform
- Ch 100 (Reserved)
- Ch 105 Drug-Free and Drunk-Driving-Free Zones
- Ch 106 (Reserved)
- Ch 107 Land Development Review Environmental Worksheet
- Ch 110 Fees
- Ch 113 Fences
- Ch 117 Films, Video and Television
- Ch 119 Fire Prevention
- Ch 123 Flood Damage Prevention
- Ch 128 Graffiti
- Ch 129 Gravel Pits
- Ch 133 Hazardous Materials
- Ch 138 Littering
- Ch 145 Noise
- Ch 146 Nuisances
- Ch 149 Parks and Recreation Areas
- Ch 152 Peace and Good Order
- Ch 155 Peddling and Soliciting
- Ch 157 Planned Developments
- Ch 159 Property Maintenance
- Ch 159 Art IV Sidewalk Maintenance and Repair; Defense to Prosecution
- § 159-10 Maintenance standards; defense to prosecution.
- Ch 163 Rental Unit Registration
- Ch 167 Septic Systems
- Ch 170 Sewers
- Ch 174 Site Plans, Major
- Ch 176 Site Plans, Minor
- Ch 180 Smoking on Public Property
- Ch 183 Soil and Fill Importation and Placement
- Ch 185 Source Separation and Recycling
- Ch 187 Storm Sewer System
- Ch 188 Stormwater Management
- Ch 189 Streets and Sidewalks
- Ch 192 Subdivision of Land
- Ch 196 Taxation
- Ch 204 Towing
- Ch 207 (Reserved)
- Ch 210 Vacant and Abandoned Real Property
- Ch 211 Vehicles, Abandoned
- Ch 214 Vehicles and Traffic
- Ch 217 Vehicles, Motor Driven
- Ch 221 Water
- Ch 222 Water and Sewer Main Extensions
- Ch 224 Youth Sports Code of Conduct
- Ch 225 Zoning
- Appendix
- Ch A229 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
A.
All sidewalks shall be maintained in accordance with the following
standards:
(1)
Fallen snow shall be removed, creating a clear path as wide as the
sidewalk, within 24 hours of the cessation of the snowfall.
(2)
All sidewalks shall have grass and weed overgrowth removed to the
edge of the walking surface in order to provide the maximum safe passageway
for pedestrians and eliminate tripping hazards.
(3)
Any section of sidewalk that is cracked, crumbling or substantially
pitted, such that its surface presents an unreasonable tripping or
falling hazard, shall be removed and replaced.
(4)
Any section of sidewalk that is uplifted such that the edge of one
section is elevated one inch or more over any point of the edge of
an adjoining section of sidewalk shall be removed, repositioned or
repaired in order to remove the tripping hazard.
(5)
No person shall place anything on a sidewalk that would obstruct
safe passage thereon unless such placement is temporary, unavoidable,
the obstruction is clearly marked and visible at nighttime, and a
safe path around the obstruction is provided not requiring travel
into the roadway. Any substance or thing that through force of nature
or man falls upon the surface of any sidewalk and presents a tripping
or slipping hazard shall be removed as soon as practicable.
B.
It shall not be a defense to a prosecution under this section that
the defect in the sidewalk was caused by natural conditions or by
reason of the condition existing at the time the premises was acquired.
This section, being concerned with public safety, shall apply to all
conditions that exist at the time of the effective date of this chapter.
However, no action to prosecute for a violation of an existing defective
condition of this section shall be brought earlier than six months
after the effective date of this chapter.
