[Adopted 5-17-2004 STM]
Notwithstanding the provisions of Section 13a-149 of the Connecticut General Statutes or any other General Statutes, or any other General Statute or Special Act, the Town of Putnam 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 Putnam is the owner or the person in possession and control of land abutting such sidewalk, other than land used as a highway or street, provided that the Town of Putnam shall be liable for its affirmative acts with respect to such sidewalk.
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 abutting his property as the municipality had prior to the effective date of this section, adopted pursuant to the provisions of Public Act No. 81-340 (C.G.S. § 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.
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.
The owner of any building or land bordering on any street within the Town of Putnam where there is a sidewalk, graded, paved or planked, shall remove or cause to be removed therefrom any and all snow, sleet or ice to a width of at least 36 inches within 36 hours after the same shall have fallen, been deposited, found or formed.
In case the snow, sleet or ice on such sidewalk shall be frozen so hard that it cannot be removed, such owner of the building or lot of land, as aforesaid, shall cause such sidewalk to be made safe and convenient or passable by covering any and all such snow, sleet or ice with sand or other suitable synthetic materials within the time limit specified above, and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalk.
Penalties for offenses.
The owner of any building or lot of land whose duty it is to clear the sidewalk adjacent thereto who shall violate any of the provisions of Subsections A and B, or refuse or neglect to comply with the same, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of $25 for each offense, and each and every day thereafter shall be deemed a separate offense.
The owner of any building standing upon or so near the line of a street that snowslides or ice from the roof may endanger public travel shall, within a reasonable time after the termination or abatement of a snowstorm, but in any case within 36 hours, cause the snow to be removed from the roof thereon in such manner as will not endanger travelers.
No owner, occupant, lessee, or other person in charge of any building or land abutting any street or highway within the Town of Putnam shall deposit or cause to be deposited any snow, sleet or ice which falls upon such building or land in any portion of the traveled right-of-way of the street, highway or sidewalk. Every person or corporation violating any of the provisions of this subsection shall be fined not more than $50.
The appropriate law enforcement agency shall enforce the provisions of this article.
The Mayor or his designee may, but shall not be required to, cause the removal of snow, ice, sleet and debris from any sidewalk wherein it has remained for 36 hours after the conclusion of any storm. The cost of such removal shall be liened against the property owner pursuant to the provisions of Section 7-148 of the Connecticut General Statutes.
The Director of Public Works shall have power and authority from time to time, as public necessity and convenience may require, to order the adjoining property owners to designate and fix the course, width, height, and level of any and all sidewalks in and upon the Town streets and highways and may, when the public necessity and convenience so require, procure and set in a proper manner such curbing as may be deemed suitable and proper for the location, and shall construct the gutters to correspond therewith, and may thereupon order the owner or owners of the land and buildings fronting on such proposed sidewalk, at their own expense, to raise, level or make such sidewalks on their respective frontages according to the course, width, height and level designated as aforesaid.
Property owners may also be required to flag, concrete, or pave the same in such manner as such Director of Public Works shall direct, provided such direction is in conformity with sound engineering practices and the provisions of the Town of Putnam Planning and Zoning Regulations. All persons shall maintain the sidewalk abutting or adjoining their property free of vegetation and in a safe and passable condition free of cracks and other obstructions or dangers to pedestrians.